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j±^,^^ K'r-fo/-7U3L^ I j\^lK''y'-j 






NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



EXECUTIVE ORDERS 



^9b" 



PROPOSED RULES 

Administration 

Crime Control and Public Safety 

Environment, Health, and Natural Resources 

Human Resources 

Physical Therapy Examiners 

FINAL RULES 

List of Rules Codified 
Revenue 

ARRC OBJECTIONS 



RULES INVALIDATED BY JUDICIAL DECISION 

ISSUE DATE: JUNE 1 5, 1 990 
Volume 5 • Issue 6 • Pages 408-473 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published bi-monthly 
and contains information relating to agency, executive, 
legislative and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrative rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will typically comprise approximately fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
vided free of charge to each county in the state and to 
various state officials and institutions. The North Carolina 
Register is available by yearly subscription at a cost of 
one hundred and five dollars (S105.00) for 24 issues. 

Requests for subscriptions to the North Carolina 
Register should be directed to the Office of Ad- 
ministrati\e Hearings, P. O. Drawer 1 1666, Raleigh, N. 
C. 27604, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrative Hearings 
has authority to publish a summary, rather than the 
full text, of an\' amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be available for 
public inspection at the Rules Division of the Office of 
Administrati\e Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute provides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the North Carolina Register he[ore the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for approval by 
the Administrati\e Rules Re\iew Commission. Upon ap- 
proval of ARRC, the adopted or amended rule must be 
filed with the Office of Administrative Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted version will again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become effective 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrative Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn by the 
promulgating agency at any time before final action is 
taken by the agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporan, rules. A temporary 
rule becomes effective when adopted and remains in 



effect for the period specified in the rule or 180 day 
whichever is less. An agency adopting a temporary ru 
must begin normal rule-making procedures on the pe 
manent rule at the same time the temporary rule 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) 
a compilation and index of the administrative rules 
25 state agencies and 38 occupational licensing board 
The NCAC comprises approximately 15,000 letter siz 
single spaced pages of material of which approximat 
ly 35*0 is changed annuallv. Compilation and public 
tion of the NCAC is mandated by G.S. 150B-63(b) 

The Code is divided into Titles and Chapters. Eac 
state agency is assigned a separate title which is fu 
ther broken down by chapters. Title 21 is designate 
for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimui 
cost of two dollars and 50 cents ($2.50) for 1 
pages or less, plus fifteen cents ($0.15) per eac 
additional page. 

(2) The full publication consists of 52 volume 
totaling in excess of 15,000 pages. It is su 
plemented monthly- with replacement pages 
one year subscription to the full publication ii 
eluding supplements can be purchased fc 
seven hundred and fifty dollars ($750.00). L 
di\idual \olumes may also be purchased wit 
supplement ser\ice. Renewal subscriptions fc 
supplements to the initial publication availabl 

Requests for pages of rules or volumes of the NCA 
should be directed to the Office of Administrati\ 
Hearings. 

NOTE 

The foregoing is a generalized statement of the pn 
cedures to be followed. For specific statutory languag 
it is suggested that Articles 2 and 5 of Chapter 150B 
the General Statutes be examined carefully. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by \'olume, issu 
page number and date. 1:1 NCR 101-201, April 1, 19* 
refers to Volume 1, Issue 1, pages 101 through 201 ( 
the North Carolina Register issued on April 1, 1986 



North Carolina Register. Published bi-monthly by 
the Office of Administrative Hearings, P.O. Drawer 
11666, Raleigh, North Carolina 27604, pursuant to 
Chapter 150B of the General Statutes. Subscriptions 
one hundred and five dollars ($105.00) per year. 
North Carolina Administrative Code. Published 
in looseleaf notebooks with supplement service by 
the Office of Administrative Hearings, P.O. 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Satutes. 
Subscriptions seven hundred and fifty dollars 
($750.00). Individual volumes available. 



I 



I 



I 



NORTH 
CAROLINA 
REGISTER 



issLK COM i:ms 




Office of Administrative Hearings 

P. O. Drawer llMyG 

Raleigh. .\C 27604 

(919) 735 - 267S 



I. nxEcurrv K ordf.rs 

Executive Orders 114-116. 



.408 



II. PROI'OSKD RLLKS 
Adiiiiiii.stratioii 

State Property and 

Construction 41 1 

Crime Control and Public 
Safety 
Butner Public Safety 

Di\'ision 419 

Environment, Healtii, and 
Natural Resources 
[:nvironmcntal Management ..420 
Wildlife Resources 

Commission 438 

Human Resources 
Services for the 

BUnd 412 

Licensing Board 
Physical Therapy 

Hxaminers 443 

State Treasurer 
Local Go\crnment 
Commission 442 



Julian Mann IIL 

Director 
James R. Scarcclla Sr., 

Deputy Director 
Molly Masich, 

Director APA Services 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial /Issistant 
Jean Shirley, 

Editorial Assistant 



III. FINAL RLLLS 
Revenue 

License and Lxcise Tax 

Division 445 

Sales and Use Tax 453 

List of Rules Codified 463 

IV. ARRC OB.ILCriONS 469 

V. RLLLS INVALIDA ILI) BY 

JUDICIAL DLCISION 470 

VI. CUMULATIVE INDEX 472 



NORTH CAROLINA RKf.ISTER 

Publication Schedule 

iJanuaty 1990 - December 1091 > 



Issue 


last Dav 


Last Dav 


Farliest 


+ 


Date 


for 


for 


Date for 


Farliest 




Filing 


Electronic 


Public 


Fffective 






Filing 


Hearing & 
Adoption by 
Agency 


Date 


++*♦++++ 


+++++**+ 


♦++*++++ 


+++*+*++ 


++++++*i 


01 02 90 


1207 89 


12 14 89 


02 01 90 


05,01 90 


01 16 90 


12 20 89 


12 29 89 


02 15 90 


05 01 90 


02 1 90 


01 10 90 


01 IS 90 


03 03 90 


06 01 90 


02 1 5 90 


01 25 90 


02 01 90 


03 17,90 


06 01 90 


03,01,90 


02 08 90 


02 1 5 90 


03,31,90 


07 01 90 


03; 15, 90 


02 22 90 


03 1 90 


04 14 90 


07 01 90 


04 02 90 


03 12 90 


03 19 90 


05 02 90 


08 01 90 


04,16,90 


03,23 90 


03 30,90 


05 16 90 


08,01,90 


05 01/90 


04 09 90 


04 17 90 


05 31,90 


09 01 90 


05 15 90 


04 24 90 


05 01 90 


06 14 90 


09 01,90 


06 01 90 


05 10 90 


05 17 90 


07 1 90 


10 01 90 


06 15 90 


05 24 90 


06 01 90 


07 15 90 


10 01 90 


07 02 90 


06 11 90 


06 IS 90 


OS 01 90 


11 01 90 


07 16,90 


06,22 90 


06 29 90 


08 15 90 


11 01 90 


08,01 90 


07 1 1 90 


07 18 90 


08 31 90 


12 01,90 


08 1 5 90 


07 25 90 


08 01 90 


09 14 90 


1201 90 


09,04,90 


08,13 90 


08 20 90 


10 04 90 


01 01 91 


09 14,90 


08 '24 90 


08 31 90 


10 14 90 


01 01 91 


10 01 90 


09 10 90 


09 17 90 


10 31,90 


02,01,91 


10,15,90 


09 25 90 


10 02 90 


11 14 90 


02,01,91 


11, 01, '90 


10 11 90 


10 18 90 


11 30 90 


03 01 91 


11,15,90 


10 24,90 


10 31 90 


12 14 90 


03 01 91 


12 03 90 


11 08 90 


1115 90 


01 02 91 


04 0191 


12 14 90 


11 21 90 


1 1 30 90 


01 13 91 


04 1 91 


01 02 91 


12 07 90 


12 14 90 


02 01 91 


05 01,91 


02,01,91 


01 10 91 


01 18 91 


03 03 91 


06 01 91 


03 01 91 


02 08 91 


02 15 91 


03 31 91 


07 01 91 


04 01 91 


03 11 91 


03 18 91 


05 01 91 


OS 01 91 


0501,91 


04 10 91 


04 17 91 


05 31 91 


09 01 91 


06 03 91 


05 10 91 


05 17 91 


07 03 91 


10 01 91 


07 01 91 


06 10 91 


06 17 91 


07 31 91 


11 01 91 


08 01 91 


07 11 91 


07/18,91 


08,31,91 


12 01 91 


09 03 91 


OS 12 91 


0819 91 


10 03 91 


01 01 92 


10 01 91 


09 10 91 


09 17 91 


10 31 91 


02 01 92 


11 01 91 


10 11 91 


10 18 91 


12 01 91 


03 01 92 


12 02 91 


11 07 91 


11 14 41 


1)1 01 92 


04 01 92 



* The "Earliest Effective Date" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date", that the agency files the nile with The Administrative Rules Review 
Commission by the 20th of the same calendar month and that ARRC approves 
the nile at the next calendar month meeting. 



EXECUTIVE ORDERS 



KXKCI TINE ORDKK MMBFR 114 

Bi i)(;kt aomims I ra HON 

/Vrticle III, Sec. 5(3) of the Constitution pro- 
vides that the State may not operate at a deficit 
during the fiscal period covered by a budget. I"or 
these purposes, a "deficit" is defined as having 
been incurred when total expenditures for the 
fiscal period of the budget exceed the total of re- 
ceipts during the period, plus the surplus re- 
maining in the State Treasury' at the beginning 
of the period. The fiscal period for the current 
budget is the l')89-91 biennium. 

To insure that the State does not incur a deficit 
for the biennium covered by a budget, Article III, 
Sec. 5(3) requires the Governor to sur\e>- con- 
tinually the collection of revenue. If as a result 
of his surveys, he detennines that actual receipts 
for the biennium, when added to the surplus re- 
maining in the freasur)' at the beginning of the 
biennium, will not be sufficient to pay budgeted 
expenditures, the Governor, after first making 
adequate pro\ision for the prompt payment of 
the principal and interest on the State's out- 
standing bonds and notes, must effect the neces- 
sar\' economies in State expenditures to keep the 
deficit from occurring. 

Continually surveying the collection of the 
State's re\enues pursuant to Article III, Sec. 5(i) 
of the Constitution is a nonnal function <'>f the 
Office of Budget and Management and reports 
on its suneys are routinely recei\ed by me. 

The budget for the 19si)-91 biennium calls for 
expenditures for the biennium of 
$24,. vSn, 332,439. The combined surplus re- 
maining in the Treasury at the beginning of the 
biennium for the general fund and highway fund 
was budgeted at $573,9()1,17.S, and receipts for 
the period were budgeted to be $24,006,431,264. 
As enacted, the budget adopted by the Cicneral 
Assembly for the biennium was a balanced 
budget. 

In application it has not turned out to be bal- 
anced. 

Initially, the Office of Budget and Management 
reports of its surveys of the collection of the 
State s rcNcnues indicated that receipts for the 
biennium, as actualh recei\ed, were approxi- 
mately as budgeted. .Xccordingh', actual ex- 
penditures for the biennium were set in keeping 
with the budgeted appropriations. As the 
biennium progressed, howe\er, cumulati\e re- 
ceipts, as actually recei\ed. began to lag budgeted 
receipts. 

In recent months the de\"iation between actual 
and budgeted receipts has reached the point that 
it appears that the budget enacted b\ the General 
Assembh for the 19$9-91 biennium cannot be 



administered as enacted without the State incur- 
nng a deficit in its administration. Accordingly, 
it is prudent that the power given the Governor 
by Article III, Sec. 5(3) of the Constitution, to 
insure that the State does not incur deficits in the 
administration of its budgets be in\oked. 

rHKRKFORK, pursuant to authority granted to 
the Cjovemor by Article III, Sec. 5(3) of the 
Constitution and to fulfill the duties required of 
the Governor thereunder: 

1. It is found as a fact that based on general 
fund, highway fund and higliway trust fund 
revenue coUcctions through April 30, 1990, 
and projections for these revenues through 
June 30, 1990, and projections for these re- 
venues througli June 30, 1991, actual re- 
ceipts for the 19S9-91 biennium will not 
meet those anticipated and budgeted by the 
19S9 General Assembly. 

2. I-rom this fact it is detennined and con- 
cluded that unless economies in State ex- 
penditures are made, the State's general fund 
expenditures will exceed general fund re- 
ceipts, including transfers from the higliway 
trust fund, for the biennium by $S42 million 
and the State s high\\a\ fund and highway 
trust fund expenditures will exceed highway 
fund receipts and higlnva\ trust fund receipts 
for the biennium by $165.15 millK)n. 

3. I o insure that a deficit is not incurred in the 
administration of the State budget for the 
19X9-91 biennium, the following economies 
in State expenditures are found to be neces- 
sar>- and are hereb\ ORDI Rl I): 

(a) The Office of State Budget and .Manage- 
ment will reduce as neccssar)' State ex- 
penditures from funds appropriated to 
operate State dep,irlments and insti- 
tutions: 

(b) The Otfice of State Budget and .Manage- 
ment will reduce as necessar> State aid 
funds to the State Board of I'ducation, to 
the State Board of Community Colleges 
and to other non-state recipients: 

(c| The Office of State Budget and Manage- 
ment will halt expenditures lor capital 
improvement projects as necessan for 
which State funds ha\"e been appropriated 
but iu)t placed under State contract, and 
if necessary transfer any unused capital 
improN'cment funds to the general hind 
and or the highway fund; 

(d) The Office of State Budget and .Manage- 
ment will transfer as necessar> non- 
general fund and non-highw:iy fund 
receipts uito the general fund to suj^port 



5:6 NORTH CAROLINA REGISTER June 15, 1990 



4(hS 



EXECUTIVE ORDERS 



appropriation expenditures in order to 
avoid a deficit in the general fund; 

(e) The Office of State Budget and Manage- 
ment may borrow receipts from non- 
general fund State receipts and 
non-highway fund State receipts for sup- 
port of general fund appropriation ex- 
penditures; 

(f) The Office of State Budget and Manage- 
ment may order the cancellation of pur- 
chase orders in the State general fund 
supported departments and institutions 
for which there are insulTicient funds 
a\ailable; 

(gj The OtTice of the State (\)ntroller, at the 
direction of the Director of the Budget, is 
directed to monitor disbursements as pre- 
sented on requisitions for CASH, and as 
necessary, shall release CASH requisitions 
in the following priority order for pay- 
ment of 

1. state debt; 

2. payrolls and public assistance benefits; 

3. state aid to local go\'emment; 

4. health and medical pro\ider payments; 
and 

5. all other necessar\' expenditures. 

(h) The OtTice of the State Controller is di- 
rected to receive the employer portion of 
retirement contributions for all state 
funded retirement systems and to place 
such funds in a special reser\e as estab- 
lished b\' the OtTice of State Budget and 
Management. 
4. T'his Fxecutive Order is effective immediately 
and shall remain in effect, as written, until 
tenninated or amended b\ further E.xecutive 
Order. 

Done in the ("apital Cit\ of Raleiali, North 
Carolina, this the Sth day of .May, 1990. 

F\K( I TI\K ORDFK M \IBKR 115 
AMKM)IN(; K.\K( I UN t (IKDFK MMHKR 92 

KM rn FD FSFAHFISIIINC; IMF WFSTFRN 
NORIII ( \R()1 INA FNMRONMFM \F 



WHFREAS, by Executive Order Number 92. I 
established the Western North Carolina l;n\i- 
ronmcntal Council; and 

\\ lll.R[:.\S. it has been made to appear to me 
that certain amendments to Fxecutive Order 
Number 92 are necessar>' in light of subsequent 
legislation enacted b\ the General .Assembly; 

fiirRCrORE, by the authonty vested iji me as 
Governor b\' the Constitution and laws of North 
Carolina. If IS ORDLRFD: 



Section 3 of Executive Order Number 92 is 
amended in part to read; "... T'he Secretaries of 
the Departments of .Administration. Economic 
and (Community Development, Environment, 
Health, and Natural Resources, and Transporta- 
tion or their designees shall be ex officio mem- 
bers of the Council." 

Section 9 of I:xecutive Order Number 92 is 
amended in part to read: "... The Departments 
of .Administration. Economic and Community 
De\elopment, Environment. Health, and Natural 
Resources, and Transportation, together, shall 
furnish the Council with such staff as it reason- 
abl\' shall need." 

Section 10 of Executive Order Number 92 is 
amended in part to read; "... Eunds for the re- 
imbursement of such expenses shall be made 
available from funds appropriated to the Depart- 
ments of Administration, Economic and Com- 
munity Development, Environment, Health, and 
Natural Resources, and Transportation as di- 
rected by the Director of the Budget." 

T'hese amendments shall be effecti\e imme- 
diatel) . .All other pro\isions of Executive Orders 
Number 92 and '^b shall remain in effect and 
unchanged. 

Done in Raleisih, this the 22nd da\' of Maw 
1990. 

EXECLT1\F. ORDER M \IBER 116 

AMENDING AND E\TENDIN(, EXECETIVE 

ORDER NIMBER 78 

(;0\EKNOR'S EASK FORCE ON |N,ll R\ 

PRE\ENT10N 

Win Rr A.S, 1 established by Executive Order 
Number 7S the C}o\emor s Task Eorce on InjuPi' 
Prevention; and 

\\ HER1:.AS, it has been made kno\sn to me that 
the Task Force should continue; 

TIIEREEORE, by the authonty vested in me as 
C}o\ emor by the Constitution and laws of North 
Carolina. IE IS ORDERED: 

Section J_ Fxecuti\e Order Number 7S. Section 
3. paragraph B. is amended to read; 

B. The Task Eorce shall ha\c the following 
duties; 
1 ) promote coordination of the State's in- 
jury prevention efforts so that resources 
can be used efhciently: 
2 1 strengthen injurs' prcN'cntion efforts in 
the State; 



409 



5:6 SORTH CAROUSA REGISTER June 15, 1990 



EXECUTIVE ORDERS 



3) serve as a resource to the Injury' Control Section Z Executive Order Number 78, as 
Section of the Department of I:nviron- amended herein, is extended through November 
ment, Health, and Natural Resources; and 1, 1992. 

4) encourage study and discussion of safety 

issues. Done in Raleigh, North Carolina, this the 22nd 



day of May, 1990. 



5:6 M)RTH CAROLINA REGISTER June 15, 1990 410 



PROPOSED RULES 



1 niK I DKPAR IMKM OF 
ADMIMSIRAIION 

1\ oticc is hereby ghen in accordance with G.S. 
I SOB- 1 2 that the Department of Administration 
intends to adopt nde cited as I SCAC 6B .0212. 



Th 



he proposed effective date of this action is Oc- 
tober L I WO. 

1 he public hearing will he conducted at 2:00 
p.m. on July 26, 1990 at Department of Adminis- 
tration. Property Office Conference Room 403S, 
116 West Jones Street. Raleigh. \C 27603-S003. 



c 



omment Procedures: .-iny interested person 
may present his her comments either in writing 
prior to or at the hearing or orally at the hearing. 
Any person tnay request information, permission 
to be heard or copies of the proposed regidations 
by writing or calling David McCoy. Department 
of .Administration. J/6 Mest Jones Street, 
Raleigh. .\C 2~603-S003. (9/9) -'33-6S8S. 

CHAPTKR 6 - S lA I K I'KOI'KRI V AND 
(ONSIKl ( HON 

SI lU IIAPIKR 6B - RKAI, PROPKRT^ 

SKCriON .0200 - ACQl ISI HON ()l RKAI. 
PROPKRIA 

.0212 ANM AI. LEASE MORE THAN 

$150,000 

For space needs where the annual rental exceeds 
one hundred fifty thousand dollars ($150,000), 
Form PO-26 provides the basic steps to follow 
in the leasing procedures required by G.S. 
146-2.^.1. Additional miidance is pro\"ided in tliis 
Rule: 

(1) Specifications. The requesting agenc\ pre- 
pares a I'omi I'()-27. This ser\cs as a 
guideline for supplying the infonnation 
which a prospective lessor needs to complete 
a lease proposal. 

(2) .\d\'ertising. Newspaper ads will be pre- 
pared by the Di\ ision of State Property and 
will be forwarded to the agency for sub- 
mission to a newspaper of general circu- 
lation in the "legal Notices" or other 
appropriate section of the newspaper. The 
ad must run for at least fi\e consecutisc days 
and gi\ e a specific cut off date for recei\"ing 
proposals. I'he published cut off date must 
be at least seven da_\s after the last da\ the 
ad is run. 

(3) Proposals. .All proposals must be submit- 
ted on Ponn P()-2N w hicli includes the basic 



information that is necessary to evaluate and 
compare each proposal received. All pro- 
posals must be submitted directly to the Di- 
vision of State Property prior to the 
published cut off period. 
(4) Space Selection. All proposals will be re- 
viewed by the Division of State Property 
and the requesting agency. A set of pro- 
posals will be selected, based on the General 
Statutes and the rules contained in this 
Chapter, for further re\iew and consider- 
ation. 

(a) The submitters of proposals selected for 
further review shall be notified in writing 
b_\- the Division of State Propert\'. The 
notice of selection for fuilher re\iew will 
include the date, time, and location at 
which a I'roposers' Meeting will be con- 
ducted. 

(b) .At this meeting, the selected proposers wUl 
be given the opportumt\ to submit a final 
low price proposal. Price proposals may 
be submitted \ia the I'.S. Mail, telegraph, 
telefax or other commonly acceptable 
medium of communication in heu of the 
proposer or his agent being physically 
present at the meeting. In the e\ent that 
identical price proposals are submitted by 
two or more proposers, the proposers or 
their agents present at the meeting will be 
granted another opportunit\ to submit a 
lower price proposal. This process will 
continue untU a lowest price proposal is 
received by the Di\ ision of State Property. 
When the lowest price proposal is received 
no further price negotiations will be con- 
ducted by the Division of State Property. 

(c) .After reviewing all the rele\ant data, a de- 
termination for desired space w ill be made 
by the Division of State Property; this 
decision will be re\ iewed by the requesting 
agency. A form PO-1 must be submitted 
b\' the agency to the Dnision of State 
Property requesting acquisition of the 
space. 

(d) The Di\ ision of State Propert\ will pres- 
ent their recommended proposal to the 
Council of State for its review and con- 
sideration. If the low pnce proposal is not 
selected, a statement of justification will 
be submitted to the Council o[' State. 

(e| Should the selected proposal be withdrawn 
or for an\ other reason not be a\aLlable, 
all submitted proposals will be reconsid- 
ered and if none are acceptable, the Di\i- 
sion of State Propert\' will proceed to 
obtain suitable space in the manner pro- 



411 



5:6 



AORTH C.AROLIS.i REGISTER Jiine 15, 1990 



PROPOSED RULES 



vided by the General Statutes and the (a) If a client is dissatisfied with an action or 

rules contained in this Chapter. 



(f) Space selections will be made in keeping 
with (j.S. 146-23.1 regarding the acquisi- 
tion of buildings and space in buildings 
having historic, architectural or cultural 
significance. 
(5) Exception. If adherence to the procedure 
in this Rule was not feasible in a particular 
situation, the Division of State Property will 
notify the Council of State of the deviation 
at the time the lease is presented for Council 
of State consideration. 

Statuton' Authority G.S. 143-341 (4) (d); 146-25. 

TITLE 10 - DKP.VRTMENT OF HUMAN 
RESOURCES 



No 



otice is hereby ghen in accordance with G.S. 
J SOB- 12 that the Department of Human 
Resources; Division of Services for the Blind in- 
tends to amend rules cited as 10 NCAC I9F 
.0602: I9G .080/ - .0802; 1911 .0/02. .0403 and 
adopt rules cited as /O NCAC /9F .0603; /9G 
.0803 - .0827. 



Th 



he proposed effective date of this action is No- 
vember I. 1990. 



Th 



he public hearing will be conducted at 10:00 
a.m. on September 8, 1990 at DSB Conference 
Room. Fisher Building, Governor Morehead 
Campus. 309 Ashe Avenue. Raleigh. NC 27606. 

\^ omment Procedures: .-Iny interested person 
may present his. her comments either in writing 
three days prior to or at the hearing or orally at 
the hearing for a maximum of ten minutes. Any 
person may request infor/nation by writing or 
calling Mr. Herman Gniber. Designee. Dixision 
of Sen'iccs for the Blind. 309 .4 she Avenue. 
Raleigh, NC. (9/9) 733-9822. 

CII.VPTKR 19 - SKRMCES FOR Till. BLIND 

SUBCHAPTER I9F - INDEPENDENT Ll\ ING 
SERMCES 

SECTION .0600 - INDIMDUAL RIGHTS 

.0602 CONFERENCE WITH REGION. \L 
SUPERMSOR 

if A** clionl itr Ji ji'i citi ' . i fiod with »» agency action 
tak e n m- accordanco \\\\\\ t4w* SubchuplL ' r. h*» h**^ 
^^ right k* roquj '. ! a fotf hearing. 4-h«^ heanng 
VrtH bt» h*44 » accordanco Vrt4% W NCAC ¥i^ 

.OJdI. 



service deli\cred by the independent living service 
program, that client may request a conference 
with the regional supervisor. 

(b) A conference shall be held within 30 cal- 
endar days from the receipt of the orianal re- 
quest. 

(c) If the conference soh'es the grievance or 
dissatisfaction, this will be stated m wnting and 
siimcd h\ the client. 



Statutory Authority G.S. ///-/6; /43B-/57. 

.0603 APPEAL FOR FAIR HEARING 

(a) If the results of the conference are unsatis- 
factory, the client will be informed of his or her 
right to a fair hearing. 

(b) All petitions for review of acency decisions 
(G.S. 150B) will be heard by the' Office of Ad- 
ministrative Hearings. The applicant recipient is 
notified in wnting that he has the right to petition 
the Office of Administrative Hearings and request 
a fair hearing. The apphcant recipient shall be 
instructed to contact OAII and request the spe- 
cffic forms wluch tlic applicant recipient must 
complete. 

(c) In this same written notice the applicant 
recipient shaU be mstructed that they ha\e 60 
calendar days from the date they receive the 
agency notice to request a fair hearing througli 
OAII. Any petition for a contested case must 
be returned by the applicant recipient drreclly to 
the Office of Administrative Hearings. 

Statutory: Authority G.S. // 1-16: 143B-/57. 

SUBCH APIER 19G - \()CAI lONAL 
REHABIl ILAIION 

SEC HON .0800 - IIEARINC; PROCEDl RE 

.0801 APPLICABILirV OF RULES 

fa^ Aft uppliciint fcvf t+f a recipient h+ rehabili 
tation ' .e r' . ice ;, under t+H^ - jlal e plan vrkn-v i^ tfe- 
j. ati '. fied ' ■ Mlh rt»y ^. tate agency action ' i vilh regard 
tt+ t-kf furni ii hine (+f denial t+f '. ei' . ice '. w+H- bt* tttl- 



t4 1«^ right k+ reque ' . ' t a conference *+f a- 
h e (uing, ef both. 

{^ -H+e rehabilitation couu '. elor 's hould tftke 
not e t4 t4+e folKuving proc e dur e h+ iniplemeiiting 
t+H* apiieiil '. proce '.'. : 

f-1-^ Client '. Vrl+i-v ftfe di 'i'i ati 'i jied ' . vith agency 



(rehabilitation couii 'ie lor) action 
gard t^-v ' . . enicer i f . hall be informed b+ th e ir 
riglit tH- reque ' . i t a confer e nc e ' i Mth (4*e 
(iupeni i. or (regional rehabilitation ^ l uper 
' l i - jor). Itt in '. lance ' j ' . shere a client Ht tfe- 
j. atu . lied with a- coun ! ,ielor\ ' deci j iion 
re^iardinii [ . er i icen, tl^ reliabilitatum 



5:6 NORTH CAROLINA REGISTER June 15, 1990 



412 



PROPOSED RULES 



m 



counr i L'lor chall prcrridc Ae cliant with t4+e 

calling eaf4 ef ta* regional rehabilitation 

i . uper' i ii ' or; 

tt t4*t' conli- ' rcnc e doco fttrt 



»t*r. 



f|-|Q plj 



eft^ t4»fi- h* L ' hall ^ informod Bi fe right 
to app e al fef a formal hoarinii m accord 

Except for administratne re\ic\ss and appeals 
to be conducted accordinsJ to the pro\'isions of 
Rules .OSOZ throuali .0828 of this Section, ap- 
peals concerning the administration of the Rules 
in this ('hapter shall he filed and conducted in 
accordance with G.S. 150B and Kl NCAC ]_B 
.0200. 



Auihoriiv G.S. 1II-:S: 143-546; 143B-15^; 
I50B-2: /50B-23: 34 C.F.R. 361.48. 

.0802 \\RITTF.N INFORMATION FOR 
APPLICANTS AND CLIFNTS 

Aii contorted cacc?? . arioLng under fia* Subchap 
tef L ' hall be hoard » accordance ' ■ ' . ith 4-0 NCAC 
4-ae- .02 11 2. 

(a) All applicants for and clients recei\ing vo- 
cational rehabilitation sep.icc5 shall be informed 
of the opportunities for an administrati\ e re\icw 
and an appeal a\ailable under 34 C.F.R. 361.48 
and Rules .0802 through .0828 of this Section. 

(b) W'ntten mfonnation shaU be provided to 
all applicants and clients informing them: 

( 1 ) of their nght to an appeals hearing when 
the\' are dissatisfied with an\' determi- 
nations made b\ the Di\ision concerning 



the furnishing or denial of sen. ices: 



(2i 



that the\' ha\e the option of seeking re- 
solution of the issue through an adminis- 
tratue review prior to an appeals hearing; 
(3) that the rehabilitation counselor or other 
designated staff of the Di\ision \^^ill assist 
them in preparation of tfic wntten request 
for an administrati\e re\'ie\\" or appeal and 
will infonn them of the name and address 
of the appropriate regional rehabilitation 
supervisor to whom the request shall be 
submitted: and 
('4 1 that thev ma\" receive assistance with the 
resolution of their problems through the 
Client -Assistance Program, 
(c) At the time of initial application, all appli- 
cants shall be informed \erball\' of the name and 
address oT the regional rehabilitation supervisor 
to whom requests tor administrati\'e re^•iews or 
appeals shall be submitted. At the time an ap- 
plicant or client wi>hes to submit a request for 
an admini^t^atl\e re\iew or appeals heanng. the 
same mtonnation ^hall be furnished in writing to 



the indr.idual. 



.lulhoritv G.S. 143-546: I43B-I57; /50B-2; 
I50B-23: 34 C.F.R. 361.48. 

.0803 -REQUEST FOR ADMINISTRATIVE 
REMEW AND APPEALS HEARING 

(a) Wlien any applicant for or client receiving 
vocational rehabilitation senices wishes to re- 
quest an administrative review or an appeals 
hearing, the individual shall submit a written re- 
quest to the appropriate regional rehabilitation 
supervisor of the Di\ ision. 

(b) The request shall indicate if the individual 
is requesting: 

(1) An administrative review and an appeals 

hearing to be scheduled concurrently: or 
(2j only an appeals hearing. 

(c) The request shall contain the following in- 
formation: 

(1) the name, address, and telephone number 
of the applicant or client: and 

(2j a concise statement of the determination 
made by the rehabilitation staff for which 
an administrative review or appeal is being 
requested and the manner in which the 
person's rights, duties or privileges have 
been affected by the detenninationfsj. 

(d) If a client is requesting an administrati\'e 
review and the issue to be reviewed concerns the 
denial of sen.ices already underway under the 
client s individualized written rehabilitation plan 
(IWRP) and the cUent wishes the disputed ser- 
vices to continue during the adn"iinistrati\'e re- 
\iew, the client shall indicate the desire to have 
the senices continued in the request for an ad- 
ministrative review and submit the request prior 
to the effective date of the change in the IWRP. 
The Di\ision shall provide for the continuation 
of the disputed service set forth in the client's 
IWRP during the administrative review for a pe- 
riod not to exceed 30 calendar days from the 
proposed effective date of the change in the 
IWRP unless the disputed senice in 
contraindicated on the basis of medical or ps>- 
chological information contained in the individ- 
ual's case record, in which case the seivice shall 
not be continued. 

Auihoriiv G.S. 143-546: 143B-15~: 150B-2: 
150B-23: 34 C.F.R. 361-48. 

.0804 Dl\ ISION ACFIONS IN RESPONSE lO 
REQUEST 

(a) Upon receipt of a request for an appeals 
hearing, the regional rehabilitation supenisor 
shall immediately fon\'ard the original request to 
the Divisions Director for appointment of a 
hearing oflicer to conduct the appeals hearing. 



413 



5:6 yORTH CAROLI.XA REGISTER June 15, 1990 



PROPOSED RULES 



(b) If the individual has requested an adminis- 
trative review in addition to an appeals hearing, 
the regional rehabilitation supervisor shall; 

(1) make a decision to conduct the adminis- 
trative review or with the concurrence of 
the Division Director appoint a designee 
to conduct the administrative review who: 

(A) has had no presious involvement in the 
issues currently in the controversy; 

(B) can conduct the administrative review- 
in an unbiased way; and 

(C) has a broad working knowledge of the 
Division's policies and procedures and the 
State Flan for Vocational Rehabilitation 
Services (state plan); and 

(2) proceed with, or direct the designee to 
proceed with, an administrative review 
according to the provision of Rules .0805, 
.0808 and .0809 of this Section. 

(c) The regional rehabilitation supervisor shall 
send the applicant or client written acknowl- 
edgement of receipt of the request and inform the 
individual that additional information wiU be sent 
regarding the administrative review or appeals 
hearing. 

(d) I'he regional rehabilitation supervisor shall 
provide the Client Assistance Program with a 
copy of the request and the response to the re- 
quest. 

Authority G.S. 143-546: I43B-I57: I50B-2: 
I50B-23: 34 C.F.R. 361.48. 

.0805 SCUKDLI.ING AND NOTICE OF 
ADMIMSTRATIXK RKAIKW 

(a) If an administrative review is to be con- 
ducted, the regional rehabilitation supervisor or 
his designee shall: 

(1) set a date, time and place for the adminis- 
trative re\iew; 

(2) send written notification by certified mail 
to the applicant or client and the individ- 
ual's parent, guardian or representative, 
as appropriate, of the date, time and place 
for the administrative review; 

(3) advise the applicant or client in a written 
notice that the hearing officer will be ap- 
pointed by the Director to conduct a 
hearing if the matter is not resolved in the 
administrative review and that the appli- 
cant or client will also receive a written 
notice from the hearing officer regarding 
the formal appeals hearing which will be 
held after the administrative review; and 

(4) notify the Director of the Client Assistance 

Program (CAP) and other individuals to 
be involved in the administrative review 
of the request and the date, time and place 



for the administrative review. This no- 
tification may be by phone or in writing, 
(b) Prior to the administrative review, the re- 
gional rehabilitation supervisor or his designee 
shall review all previous decisions and casework 
related to the applicant or client and seek what- 
ever consultation, explanation, documentation, 
or other information that is deemed necessary, 
utili/.ing the CAP Director as appropriate. 

Authority G.S. 143-546: I43B-I57: I50B-2: 
I50B-23: 34 C.F.R. 36 1. 48. 

.0806 APPOINTMENT OK HEARING OFFICER 

Upon receipt of the applicant's or client's re- 
quest for an appeals hearing from the regional 
rehabilitation supervisor, the Director shall ap- 
point an impartial hearing officer who meets the 
cnteria of 34 C.I-.R. 361.1(e)(2) to conduct a 
hearing. 

Authority G.S. 143-546: I43B-I57: I50B-2: 
I50B-23; 34 C.F.R. 361.1(c)(2): 34 C.F.R. 
361.48. 

.0807 SCIIEDl LING AND NOIK E OF 
FORMAL APPEALS HEARING 

(a) 1 he hearing officer shall schedule the formal 
appeals heanng to be held within 45 days of the 
original request b\ the applicant or client as de- 
scnbed in Rule .0803 of this Section. 

(b) The hearing officer shall provide the appli- 
cant or client and the Division written notice of 
the date, time and place of the heanng and the 
issue to be considered at least ten da\s prior to 
the hearing. A copy of the notice shall be sent 
to the Client Assistance F'rogram. 

(c) The notice shall inform the apphcant or 
client and the Division: 

(1) of the procedures to be followed in the 
hearing; 

(2) of the particular sections of the statutes, 
federal regulations, state rules, and state 
plan involved; 

(3) of the riiihts of the applicant or client as 
specitied^in .^4 C.F.R. 36l.4S(c)(2): 

(4) that the hearing officer may extend the 
time for the hearing for 20 days il' the 
parties jointly agree to a delay and submit 
a written statement to the effect to the 
heanng officer; and 

(5) that the hearing may be cancelled if the 
matter is resolved in an administrati\e re- 
view. 

(d) Notice shall be given personally or by cer- 
tified mail. If given by certified mail, it shall be 
deemed to have been given on the dclivcrv" date 
appearing on the return receipt. 



5:6 NORTH CAROLINA REGISTER June 15, 1990 



414 



PROPOSED RULES 



Authorilv G.S. 143-546; J43B-/57; 1508-2: 
I50B-23: 34 C.F.R. 361.48. 

.0808 ADMINISTRATIVE REVIEW 

(a) Within 15 days of the original request for 
an administrative review by the applicant or cli- 
ent, the regional rehabilitation super\'i5or or his 
designee shall hold the administrative review with 
the applicant or client; the individual's parent, 
guardian, or representative, as appropriate; the 
CAP Director, as appropriate; and other individ- 
uals deemed necessar>' by the regional rehabili- 
tation supervisor or his designee. 

(b) Within fi\c working days of the adminis- 
trative review, the regional rehabilitation super- 
visor or his designee shall make a decision and 
notify the applicant or cUent and others using the 
following procedures: 

(1) Compile a written report of the adminis- 
trative review outlining the purposes of 
the administrative review, the participants, 
the decision that was reached, and the ra- 
tionale for the decision: 

(2) send the written report containing the de- 
cision to the applicant or client by certi- 
fied mail with return receipt requested, 
with a copy being placed in the individ- 
ual's official case record, and copies being 
forwarded to the Director and the CAP 
Director; and 

(3) provide instructions to the applicant or 
client of steps that may be taken in re- 
sponse to the decision and the deadline for 
the responses. A form indicating agree- 
ment with the decision and requesting that 
the hearing be cancelled shaU be included 
for the applicants or client's signature if 
the indi\idual agrees with the decision. 

Aut/writv G.S. 143-546: 1433-157; I50D-2: 
150B-23: 34 C.F.R. 361.48. 

.0809 RESPONSE TO ADMINIS IRAI IVE 
REVIEW DECISION 

(a) If the applicant or client is satisfied with the 
decision resulting from the administrative review, 
the indi\'idual shall sign the fonn described in 
Rule .0808(b)(3) of this Section and submit it to 
the regional rehabilitation supervisor within five 
da_\ s of receipt of the decision. The regional re- 
habilitation supervisor shall inform the Director 
of the request to cancel the hearing immediately 
and forward the fonn to the Director who shall 
submit it to the hearing officer. 

(b) If the hearing officer docs not receive a 
wntten request from the applicant or client that 



the hearing be cancelled, the hearing shall be 
conducted as scheduled unless negotiations 
produce a settlement that is satisfactory to both 
parties prior to the hearing. 

(c) If the hearing is cancelled, the hearing offi- 
cer shall send the applicant or client and the Di- 
vision written notice of the cancellation in the 
same manner as required for notice of the hearing 
in Rule .0807(d) of this Section. A copy of the 
notice of cancellation shaU be sent to the Client 
Assistance Program. 

Authority G.S. 143-546: 1438-15^; 150B-2; 
150B-23: 34 C.F.R. 361.48. 

.0810 ADMINISTR.VnVE REVIEW BY 
DIRECIOR 

In situations where the issue currently in con- 
troversy involves action taken by the central of- 
fice of the Division, the Director or a designee 
of the Director shall be responsible for the duties 
prescribed for the regional rehabilitation supervi- 
sor in these Rules. ^ 



.Uithoritv G.S. 143-546; 1 43 B- 15' 
I50B-23: 34 C.F.R. 361.48. 



150B- 



.081 1 PROCEDURES GO\ ERNING HEARING 

The appeals hearing shall be conducted accord- 
ing to the provisions of 34 C.I-'.R. 361.48(c)(2)(i) 
and (ii) and (d) and according to Rules .0812 
throusih .0821 and Rule .0824 of this Section. 



Aut/writv G.S. 143-546; 143B-157 
150B-23; 34 C.F.R. 361.48. 



150B- 



.0812 VENCE 

(a) The appeals hearing shall be held in the 
county of residence in this state of the applicant 
or client. 

(b) Any part\' desiring a change of venue shaU 
file a written motion for a change of venue with 
the hearing officer and serve copies of that mo- 
tion on aU other parties at least seven days prior 
to the date for which the hearing is set. 

(c) The motion shall include the foUowing in- 
formation: 

(1) The name, address, and telephone number 
of the movant; 

(2) identification by the case name and docket 
number of the proceeding for which the 
change is sought; 

(3) the time, date, and place for which the 
hearing is scheduled; 

(4) the count\' in which the party requests that 
the heanng be held; 

(5) a statement of the requested change, in- 
cludmn the names and addresses of anv 



^/.5 



5:6 i\ORTH CAROLINA REGISTER June 15, 1990 



PROPOSED RULES 



witnesses whose convenience represents 

the basis for this request; and 
(6) any other factors that should be included 

in ruling on the request, 
(d) Any party may object to a motion for a 
change of venue by filing a written notice of ob- 
jection with the hearing officer within three days 
after receipt of the motion and service copies of 
the notice of objection on all other parties. The 
notice of objection shall state clearly the grounds 
for the objection. 

(c) The hearing officer shall determine whether 
a change of venue is appropriate and shall issue 
a order granting or denying the motion. The 
order shaU state the reasons for the decision. 
Copies of the order shall be served on all parties. 

Authority G.S. 143-546: /43B-J5": I50B-2: 
/50B-23: 34 C.F.R. 361.48. 

.0813 DISCONERY 

(a) Parties in appeals hearings shall exchange 
information voluntaril_\', seek access to public 
documents as provided by law, and e>diaust other 
informal means of obtaining discoverable mate- 
rial. 

(b) Within 15 days after receipt of a request for 
disco\'er\' or witliin such other time limit as the 
hearing officer may set, the party from the dis- 
covery is requested shall either: 

(1) provide the requested material or access 
to that material to the discovering party; 

(2) provide a schedule of compliance with the 
request for discovery; or 

(3) fde a written motion v\ith the hearing of- 
ficer for relief from the request for discov- 
ery. 

(c) Any dispute regarding discover\' shall be 
refened to the heaiing officer for resolution. The 
hearing officer shall issue an order resolving the 
dispute and containing the reasons for the ruling. 
Copies of the order shall be scn,ed on all parties. 

Authohtv G.S. 143-546: 1438-/5^: 1508-2: 
I50B-23: 34 C.F.R. 36/.4S. 

.0814 PRF-IIK.\KIN(; CONKKKKNCE 

(a) Upon notice to all parties, the hearing offi- 
cer may instruct the parties to participate in a 
pre-hcaring conference. 

(b) The conference shall he informal in nature. 

(c) The conference shall be noted in the notice 
of hearing or m a subsequent notice if a confer- 
ence is later detennincd to be necessar\' b\ the 
hearing officer. 

(d) The purpose of tlie conlerence will be to 
discuss: 



(1) The possibility of simplification of issues, 

(2) stipulation of facts or fmdings, 

(3) identification of areas where evidence will 
be needed, 

(4) indication of discovery or subpoenas 
needed, and 

(5) any other matters which will reduce costs 
or save time or otherwise aid expeditious 
disposition of the case. 

Authority G.S. 143-546: J43B-J57; J50B-2: 
I50B-23: 34 C.F.R. 361. 4S. 

.0815 SIMPLIFICATION OF ISSLES 

The parties to the hearing may agree in advance 
to simplification of issues by: 

( 1 ) eliminating issues to be contested at the 
hearing, 

(2) accepting the validity of certain proposed 
evidence, 

(3) accepting the fmdings in some other case 
with relevance to the case at hand, or 

(4) agreeing to such other matters as may ex- 
pedite the hearing. 

Authority G.S. 143-546: I43B-I57: I50B-2; 
I50B-23: 34 C.F.R. 361.48. 

.0816 KMDKNCE 

(a) lAidence to be admitted in the hearing shall 
be specified in G.S. 15()B-29, G.S. 150Fi-3(), and 
G.S. 150B-3I. 

(b) This adoption by reference is made under 
G.S. 15nB- 14(c). 

Authority G.S. 143-546: I43B-I57: I50B-2: 
I50B-23: I50B-I4(c): I50B-29: I50B-30: 
I50B-3I: 34 C.F.R. 36L4S. 

.0817 niSQlA! IFICAIION OF MFAKINC 
OFFK EK 

(a) If at any time the hearing officer believes 
he or she cannot conduct the hearing in a fair and 
impartial manner, the hearing officer shall submit 
to the Director a written statement indicating 
why he or she should be disqualified from the 
case. Submission of the statement shall disqual- 
ify the hearing officer. The Director shall inftirm 
all parties of the disqualification and the reasons 
therefore. 

(h) If a party to the case believes that the 
hearing officer of record cannot conduct a hear- 
ing in a fair and impartial manner, the party shall 
submit an affida\it to the hearing officer for 
consideration. The heaniig officer shall deter- 
mine the matter as part of the record in the case, 
ami this detemiination shall be subject to judicial 
re\ iew at the conclusion of the proceeding. 



5:6 NORTH C.AROLlN.i REGISTER June 15, 1990 



416 



PROPOSED RULES 



(c) When a hearing officer is disqualified or it 
is impractical for the hearing ofiicer to proceed 
with the hearing, another hearing officer shall be 
assigned b\ the Director to proceed with the case. 
Houe\er. if it is shown to the Director or the 
newh assigned hearing officer that substantial 
prejudice to any party will result from continua- 
tion of the case then either: 

(i) the case shall he dismissed without preju- 
dice; or 
(2) all or part of the case shall be repeated as 
necessary to substantially pre\ent or sub- 
stantially remove the prejudice. The Di- 
rector shall promptly inform all parties of 
the decision to assign a new hearing offi- 
cer, that the case has been dismissed 
without prejudice, or that all or part of the 
case is to be repeated. Such notification 
shall Include a statement of the reasons for 
the decision. 



Auihoriiv G.S. 143-546: 
I50B-23: 34 C.F.R. 361.48. 



I43B-I57; I50B-1 



.0821 F.\II.l RK TO APPEAR 

(a) If the applicant or client fails to appear at 
the hearing and does not ha\e a representative 
present, the hearing officer shall cancel the hear- 
ing. 

(b) The applicant or client may submit a wnt- 
ten request for rescheduling of the hearing to the 
Director. The request shall provide an explana- 
tion of the individual's failure to appear at the 
hearing or to have a representative present. The 
Director may instruct the hearing officer to re- 
schedule the heanng upon a showing of good 
cause by the applicant or client. 

.■iuihoritv G.S. 143-546; I4SB-157; 150B-2; 
I50B-23: 34 C.F.R. 361.48. 



.Authontv G.S. 143-546: I43B-/5' 
/50B-23: 34 C.F.R. 361.48. 



I50B-2: 



.0818 K\ PARIF. rOMMlMC ATIONS 

(ai l:x parte communications in the appeals 
hearing shall be go\emed by G.S. 15(lB-35. 

(b) Ihis adoption bv reference is made under 
G.S. 15niM4fc). 



.0822 UKARINC; OFFICER'S HECISION 

FoUowing the hearing, the hearing officer shall 
make and issue a decision as specified in 34 
C.F.R. 361.48(c)(2)(iii). The decision shall be 
gi\en to the applicant or client personally or by 
certified mail. If gi\en by certified mail, it shall 
be deemed to have been given on the deli\er\' 
date appearing on the return receipt. 



.iuihoiiiv G.S. 143-546: I43B-I5'': I50B-2: 
I50B-23: I50B-35; I50B-I4icj; 34 C.F.R. 
361.48. 

.0819 OMU 

No person ma\' testify or present \iews or data 
orally at the hearing before being put under oath 
or atTirmation. 



.iuthoriiv G.S. 143-546; 
I50B-23: 34 C.F.R. 36I.4S. 



I43B-I5~: I50B-2; 



.0820 COMM CI OF IIEARINC, 

(a) The hearing officer shall have complete 
control o\er the hearing including: 

(1) the responsibility c>f having a record made 

of the hearing, 
(2| the administration of oaths and alTirma- 

tions, 

(3) recognition of speakers. 

(4) pre\ention of repetitious presentations, 
and 

(5) general management of the hearing. 

(b) The hearing officer shall conduct the hear- 
ing in a manner that uill pro\ide the applicant 
or client the ndits required b\ 34 C.F.R. 
361.4S;(c)(2)(iil. 

(c) I he hearing shall not be open to the public. 



.■luihoriiv G.S. 143-546; I43B-L':'': I50B-2; 
I50B-23: 34 C.F.R. 361.48. 

.0823 l)l\ ISION DIKECTOR'S RE\ lEW AND 
FINAL DECISION 

(a) The Division Director may review the 
hearing officer s decision and render the final de- 
cision. 

(b) The Di\ision Director's decision to re\iew 
the heanng officer's decision shall be based on 
the follovs ing standards of re\iew: 

(Ij The hearing officer's decision shall not be 
arbitraPi , capacious, and abuse of dis- 
cretion, or otherwise unreasonable. 
(2| The hearing officer's decision shall be 
supported by substantial e\idencc. i.e. 
consistent with facts and applicable tederal 
and state policy. 
(3) In reaching the decision, the hearing officer 
shall gi\e appropriate and adequate inter- 
pretation to such factors as: 

(.\) the federal statute and regulations as 
they apply to a specific issue in question: 

(B) the state plan as it applies to a specific 
issue in question: 

fC) di\ision procedures as the\- appK" to a 
specific issue in question: 

( Di ke\ portions of conllicting testimon\ : 



417 



5:6 NORTH C.iROLEWl REGISTER .June L\ 1990 



PROPOSED RULES 



(E) division options in the delivery of ser- 
vices where such options are peimissible 
under federal statute; 

(F-) restrictions in the federal statue with 
regard to supportive services as mainte- 
nance and transportation; and 

(G) approved federal or division policy as 
it relates to an issue in question. 

(c) If the Division Director decides to review 
the hearing officer's decision, the Director shall 
send the written notification and allow the sub- 
mission of additional evidence as required by 34 
C.I'.R. 361.48(c)(2)(iv) and (vii). The wntten 
notification shall be given to the applicant or cli- 
ent personally or by certified mail. If given by 
certified mail, it shall be deemed to have been 
given on the deliver) date appearing on the re- 
turn receipt. 

(d) Upon a detenmnation to review the hearing 
officer's decision, the Division Director shall 
make the final decision and provide a written re- 
port thereof as required by 34 C.F.R. 
361.4S(c)(2)(viii) and (ix). The final decision 
shall be given to the applicant or client personally 
or by certified mail. If given by certified mail, it 
shall be deemed to have been given on the deliv- 
ery' date appearing on the return receipt. 

(e) The heaiing olTiccr's decision shall be the 
final decision under the conditions specified in 
34 C.F.R. 361.48(c)(2)(v). 

(f) The Division Director shall forward a copy 
of the final decision, whether issued under (d) or 
(e) of this Rule, to the CAP Director, the re- 
gional rehabilitation supervisor, and the appli- 
cant's or client's representative, as appropriate. 
A copy shall also be included in the individual's 
official case record. 

Authoiitv C.S. 143-546: I43B-157: I50B-2: 
I50B-23: 34 C.F.R. 361.48. 

.0824 F.XIKNSIONS ()l IIMK 

(a) Reasonable time extensions may be granted 
for the procedures in these Rules for good cause 
at the request of a party or at the request of both 
parties except for: 

(1) the time tor continuation of services dur- 
ing an administrative review as specified 
in Rule .0803(d) of this Section; 

(2) the time for conducting the appeals hear- 
ing as specified in Rule .0807(a) of this 
Section which may be extended only as 
specified in Rule .'0S07(c)(4) of this Sec- 
tion; 

(3) the time for issuance of the written notice 
of the formal appeals hearing as specified 
in Rule .0807(b) of tliis Section; 



(4) the time for the Director's notice of review 
as specified in Rule .0823(c) of this Sec- 
tion; and 

(5) the time for the Division Director's issu- 
ance of a final decision as specified in Rule 
.0823(d) of this Section which may be ex- 
tended only if the applicant or cbent re- 
quests an extension for good cause. 

(b) When an extension of time is being granted 
by the person conducting the administrative re- 
view or by the hearing officer, consideration shall 
be given to the effect of the extension of deadlines 
for other steps in the administrative review and 
appeals process. 

Authoritv G.S. 143-546; I43B-I57: I50B-2: 
I50B-23: 34 C.F.R. 36/.4S. 

.0825 RECORD 

(a) The official records of appeals hearings shall 
be maintained in the central office of the Divi- 
sion. 

(b) Any person wishing to examine a hearing 
record shaU submit a written request to the Di- 
rector in sufficient time to allow the record to be 
prepared for inspection, including the removal of 
any coniidential material. 

.Uuhoiitv C.S. 143-546; I43B-I57; I50B-2; 
I50B-23; 34 C.F.R. .^6/.4S. 

.0826 IRANSCRIPIS 

Any person desiring a transcript of all or part 
of an appeals hearing shall contact the office of 
the Director. A fee to cover the cost of preparing 
the transcript shall be charged, and the party may 
be required to pay the fee in advance or receipt 
of the transcript. I he transcript may be edited 
to remove confidential material. 

Authmilv G.S. 143-546; I43B-I57; I5QB-2; 
I50B-23; 34 C.F.R. 36/.4S. 

.0827 .11 DICIAL REMF.W 

Judicial review of decisions issued pursuant to 
Rules .0802 througli .0824 of this Section shall 
be as specified in G.S. 15()B, Article 4 with the 
exception of G.S. 150B-51(a) which shall not 
apply. 

Aullunitv G.S. 143-546; I43B-I57; I50B-2; 
I50B-23; .U C.F.R. .^6/.4S. 

SI HCIIAPTER 1911 - MKIMCAL/EVE CARE 
PROGRAM 

SKCnON .0400 - HEARING 

.040.^ APPEAL FOR F.MR IIF.VRING 



5:6 NORTH CAROLINA REGISTER June 15, 1990 



41H 



PROPOSED RULES 



(a) If the results of the conference are unsatis- 
factory, the client will be informed of his or her 
right to a fair hearing. 

(b) 4-hf liL ' iiring w+tt bt* b<44 m- acodrthinou ' ■ ■ ■i th 
414 \C'A(' -M4i .02 (1 1 (a |. All petitions for re\icw 
of aL!ene\ decision ((i.S. 15()B) will be heard bv 
the ( )lticc o| Administrative i leanngs. The ap- 
plicant recipient shall be ncUitied in \\ riling that 
he has the right to petition the Office of Admin- 
istratne i leanngs and recjuest a tair heanng. The 
applicant recipient shall be instructed to contact 
OAI 1 and request the specihc forms which the 
applicant recipient must complete. 

(( ■ \ I li - 1 , I « 1 ■ ■ . ■ . ^ »-i . i t W-. i.-'t . 1 T- \ t ill *TT^iL;^A -^ I 1 «T - » 1 r.\r^, -i rt 
\^ } I T f V 1.1TT I.'f\'ll ^ltlV-\^ IV'I fy III mTTTT^" CT rmTTT I L I ^ 7 1 I 

ba 'i L ' d (-H+ t4+t» o' l idL ' ncc pro '. i ' ntL ' d tt4- (+h* hoanng. 
4-bt' client t+F h+s (-i* kn^ r f prf -.e nlatis <» Vrttt rccfiso 
a copy *4 thf doci '. ion. In this same written no- 
tice the applicant recipient shall be instructed that 
the\ ha\e M) calendar da\ s Irom the date the\ 
recei\e the a'jencN" notice to reciuest a tair heanng 
throuuh OAI! .\n\ petition for a contested case 
must be relumed by the applicant recipient di- 
recth to the Office of .\dministrali\e 1 leanngs. 

Siaiutory Authority G.S. 111-16: 1438-15'^. 

TITLK 14A - DKPAR IMKNT OF CRIMK 
( OMROI AM) IH BI.IC SAM IV 



J\ oticc /v hereby given in accordance with C.S. 
I50B-1 2 that the Department of Crime Control 
and Public Safety, Division of Butner Public 
Safely intends to amend nde{s) cited as I4A 
\CAC JOB .0/10. 

J he proposed elferlive date of this action is Oc- 
tober I. I'm). 



I he public hearim; u/// he conducted at 10:00 
a.m. on July JS, I9Q0 at Libraiy, Second floor. 
Archdale Building. 512 h. Salisbury Street, 
Raleigh. \C 2"/)/'/. 

V_ ommeni Procedures: .Any interested per'ion 
may piv^ent comments relevant to the action pro- 
posed at the public hearing cither in 'tvriting or oral 
form. Written statements not presented at the 
public hearing may be directed to the hearing to 
Wanda D. Goodson. .Administrative Procedures 
Coordinator, first lloor. .irchdale Building. 5/2 
.\. Salisbun- Street. P.O. Bo.x 2^6S~. Raleigh. \C 
2^t,//-~6S^. 



SLBCHAPIF.R I OB - PKRSONNEI. 
RRGLLATIONS 

SECTION .0100 - EMIM.OYMENT 
RKGl I.ATIONS 

.01 10 APPLICATION PROCESS: STEP 
NINE: PinSICAL EXAMINATION 

(d) Applicants and lateral transferees applying 
for Public Safety Officer positions shall be re- 
quired to take a dmg test as a condition of em- 
plo\'ment dunng the application prcK'css but not 
more than W) da\s pnor to the date of employ- 
ment as a I'ublic Safety OlTicer. The sample to 
be tested will be collected bv the Director of 
■Medical Services at die applicant's ph\ sical ex- 
amination. 

( 1 ) Applicants and lateral transferees shall be 
disqualihed trcim further consideration for 
employment under the following circum- 
stances: 
( .-X ) Refusal to submit to a required druiz 

test: or 
(B) A confinned positi\e drug test indicat- 
ing dmg use prohibited b\ this policy. 
(2) 1 he specimen collection, testing proce- 
dures and other safeguards pro\ ided in 
this policy to ensure the inleiint\ of dmg 
testing shall be adhered to by all personnel 
administenng dmg tests. The specimen 
shall be collected under the super\ision 
of the Director o[ .Medical Ser\ices in a 
manner consistent with NID.\ and DO 1 
guidelines and documented on t_he Dc- 
pailment's "I nne Specimen Collection 

irpo- 



dural Checklist" which 



rated bv reference as \{_ fully set out herein. 
iJll The sample testing or processing phase 
shall consist of a two-step procedure ^ an 
initial screening test using an 
immunoassa\' testing method and a con- 



fimiation 



test 



2as 



chromatography mass spectrometry 

(()C MS) method. 
(A) When the lab recenes a urine sample 
it_ will conduct an inilial screening test to 
check for the presence (M illegal dmgs. 
This initial screening test invcd\es using 
an imnuinoassa\ testing method. 



CIIAPIKR 10 



HI INER PCBI.ICSAI ET\ 
niMSION 



iW] The drugs whose use shall be tested for 
shall include cannabis. cocaine. 
phencNclidine ( I'C !'). opiates and 
amphetamines or their metah(^lites. 

(C) I he threshold le\els established bv the 
Department ot^ I leallh and I luman Ser- 
\iees for I ederal Workplace Drug I esiing 
programs are hereh\ adopted bv reterence 
and shall automaticalK include an\ later 



419 



5:6 iWRTH CAROLINA REGISTER June 15, 1990 



PROPOSED RULES 



amendments and editions of said adopted 
matter. 

{r>) I he laboraton' conducting the test 
must be certil'ied for federal workplace 
drug testing programs, and must adhere 
to applicable federal rules, regulations and 
guidelines pertaining to the handling, 
testing, storage and preservation of sam- 
ples. 

(1- ) Should the initial test produce a positive 
result for the presence of an illegal drug, 
the lab must perlbnn a second test. T he 
second screening will be performed by 
using the gas chromatograph\ mass 
spectrometn' ((iC MS) testing method. 

(F) 1 he laboratory' \\ ill report a lest result 
as positne if^ and onl\ iT both the initial 
test and the cc^nfirmation test show the 
presence of an illeual drug at or abo\e the 
adopted threshold le\Tls. 

(G) Ihc laborator\ w lU report all test re- 
sults directh to the [")irect(.^r of Medical 
Services. 



(4) In order to proside. to the greatest extent 
possible. for the pn\acv and 
conlidentialit\ of a|i;ilicants who arc re- 
quired to submit to drug testinLi. all labo- 
ratory' results will be sent directly to tjie 
Director of Mctlical Scrv ices. 



(A) All specimens reported bv the labora- 
tory' as neizatne will m turn be reported 
to BPS bv t]ic Director o^ Medical Ser- 
viccs as nei:ati\'e. 



(B) With respect to con finned positise re- 
sults, the Director of Medical Services: 

(i) Ma\ conduct medical inlcr\ Jews with 
the applicant; 

(ii) \la\ rc\iew the applicant's medical 
histt^nes or an\ other biomedical fac- 
tors: 

(iii) Shall re\'iew all metlical records made 
available bv the applicant when a con- 
finned posilne could have resulted 
from legal prescnbed medicine: 

(i\') \lav deem the results scientificalK 
insuificicnt for further action and de- 
clare the result to l2e iicizatne based on 
a re\'iew c^' such data or facts as he niav 
deem appropnate: and 

(\') l^eport posilne results to the Chief. 
Butner i'ublic Satelv_ 

(C) Ihe Chief. BPS shall notify an appli- 
cant who produces a positi\e drug test 
result oi that tact and reject that applicant 
for emplosment as a public s:ilel\ (>lficer. 

(D) 1 ach step in the collccling aixl proc- 
essing of the unne specimens shall be 



documented to establish procedural integ- 
ril\' and the chain of custody. 

(V.) Where a positi\e result is confirmed, 
urine specimens shall be maintained bv 
the laboratory in secured, re fnge rated 
storage for an indefinite period. 

(V) A positive result which the Director of 
Medical .Services justifies by appropriate 



medical 



scientific documentation to 



account for the result as cUher than the 
intentional ingestion of an illegal drug will 
be reported as a negatne result and may 
not be released for purposes ot identifying 
illegal drug use. Records of tfie Director 
of Medical Services shall be released only 
to the Department of ('rime Control and 
I'ublic Safety and the Butner Public 
Safety Di\ision, and when necessary, to 
the North Carolina Criminal Justice I'du- 
cation and Training Standards Commis- 
sion. 
((}) .Ml records and information of person- 
nel actions taken on applicants with veri- 
fied positive test results will be maintained 
in .iccordance with state and BPS policy 
and procedures, 
(e) (4+ After the BPS Medical Services Director 
has completed the examination, he shall recom- 
mend to the chief whether the applicant should 
be accepted or rejected. 

Siatuioiy Authoriiv G.S. /22C-40S: I43B-I0. 



TITLE ISA - DKPARTMIM OF 

KNMRONMKM. IIKALIII, AM) 

NAILRAL RKSOl R( i:S 

1\ otice is hereby ghen In accordance wii/i G.S. 
I SOB- 1 2 that the Dhiuon of I'm ironmcntal .Man- 
agement I F.tnironincntal Management Commis- 
sion) Intends to amend rideisj cited as I5.{ 
SCAC 2B .0101, .0/04. .0202. .0211. and .0301. 

/x fiscal note has been issued and a copy is 
inailable from the agency. 

1 he proposed effective date of this action is 
March /, 1991. 



1 he pub. 



pidilic hearing will be conducted at: 

Auguu Ix 1990 

2:00 p.m. 

Ground Floor Hearing Room 

.■irchdale Building 

512 .\. Salisbuiy .Street 

Raleigh. .\C 



5:6 SORTH CAROLINA REGISTER .lime 15, 1990 



420 



PROPOSED RULES 



Aui^usi 16. 1990 

^:U0 p.m. 

.•( udilorium 

Montgomen Comm. College 

Old Biscoe Road 

Trov, AC 



.4ugi /st 



:0. 1990 



':00 p.m. 

Mcdlifi Campus Center 

Le\-el I 

Guilford Tech. Comm. College 

Jamestown. AC 

.■\ugml 21. 1990 



:00 p.m. 

.i udilorium 

Western Piedmont Comm. College 

lOOl Burkemont .-ivenue 

Morganton. AC 

.■\ugmt ::. 1990 

'^:00 p.m. 

Humanities Lecture Hall 

LSC-Asheville 

Ashe\ille. AC 

.higust 23. 1990 

7:00 p.m. 

Tri-Counlv Comm. College 

.Murphy, AC 

August 2^. 1990 

7:00 p.m. 

Courtroom 

Sew Chowan County Courthouse 

South Broad Street 

E demon. AC 



August --S. 



1990 



:00 p.m. 

Rtjan .{udilorium, Morion Hall 

i A C- 1 ( ilmington 

60/ South College Road 

Wilmington. AC 



Co 



omment Procedures: .\otice is hereby given 
of a public hearing to be held bv the .\orth 
Carolina Department of Environment. Health, and 
.\alural Resources on behalf of the Emironmental 
.Management Commission (EMC) concerning 
modifications to water quality standards and 
classificalions ndes for surface water supply 
watershed protection as follows: 
I o receive public comment on the proposals to 
modify surface water supply waier.ihcd protection 



standards and classiCications rules (Title ISA 
SCAC 2B .0100, .0200 and .0300). The I9.H9 
\orth Carolina General Assembly ratified House 
Bill 156 (Water Supply Watershed Protection 
Act, G.S. 143-214.5) establishing a cooperative 
program to protect and enhance the quality of the 
Stale's surface water supplies. .4 19 member 
Water Supply Watershed Protection .-idvisoiy 
Council consisting of representatives of stale and 
local government, special interest groups such as 
the building community and emironmental groups, 
and individuals with expertise in water supply 
management assisted in the de\'elopment of pro- 
posed rexisions to the \orth Carolina surface wa- 
ter supply classifications and standards. These 
proposed revisioru include requirements for both 
point (wcutev\'ater treatment facilities) and non- 
point I stormwater nmoff) sources of pollution. 
The proposed stormwater management require- 
ments address land use activities, best manage- 
ment practices (B.MPsi. development density 
controls, structural stormwater controls or a com- 
bination thereof to be administered by local gov- 
ernment. In turn, the Stale regulates the number 
and type of point source discharges allowed within 
water supply watersheds. .411 local governments 
that have land use jurisdiction within surface water 
supply watersheds, or a portion thereof, are re- 
sponsible for implementation and enforcement of 
the nonpoint source management requirements. 
THESE RULES REP RES EST A SIGSIF- 
ICAST CHASGE FROM PREVIOUS PRAC- 
TICES SI\CE LOCAL GOVER\.ME.\TS 
MUST ADOPT ORDI\A.\CES TO EITHER 
LIMIT DEVELOP.MEST DE\STTY OR RE- 
QUIRE STOR.MWATER CO.\TROLS 
WITHIS W.4TER SUPPLY W.iTERSHEDS 
I\ THEIR JURISDICTIOS. Depending on the 
information received at these hearings, the EMC 
MAY ADOPT MORE OR LESS ST RISC EST 
REQL IRE.MESTS. It is therefore very- impor- 
tant that individuals with interest in this issue 
make their views known i including the perceived 
economic and social costs and or benefits) to the 
E.MC. Upon adoption of amendments to the 
standards and classi/lcaiions rula. they will be- 
come effective .March I. 1991. .ill persons inter- 
ested in this matter are invited to attend. 
Comments, data, statements and other informa- 
tion may be submitted in writing prior to, during 
or within thirty < 30 i days after the hearing or may 
be presented orally at the hearings. So that all 
persons desiring to ^peak may do so, statettienis 
may be limited to three minutes at the discretion 
of the hearing officer. The statutoiy authority 
authority for these actions is as follows: S.C. 
General Statutes 143-2/4./. /43-2/5.3, au / ' and 
i 3 ). Further inj'ormation on the final proposals 



421 



5:6 l\ORTI{ CAROLLXA RECISTER .June I.\ 1990 



PROPOSED RULES 



may be obtained by writing or calling: Stephen 
Zoufalv; Division of Environmental Manai^cmenl; 
P.O. Box 276H7: Raleigh, North Carolina 27611; 
(919) 733-5083. 

CHAPTKR 2 - KWIKONMKN TAL 
MANAGKMKM 

SI BCIIAPTKK 2H - SI RFA( K WATKK 
SIANDARDS: MOMIORING 



.0101 

(c) 



lil 



SECTION .0100 - PROCEDL RES FOR 
ASSIGNMENT OF WATER QL ALITY 
STANDARDS 
GENERAL PROCEDURES 

Ircshwatcr Classifications. 
Class WS-I: protected as water supplies 
which are in natural and uninhahitcd 
watersheds; no point source discharizes of 
wastewater are pemiitted: local nonpoint 
source control proizrams to control non- 
point sources of pc^llution are required: 

irM Class \VS 1; WS-ii; waters protected as 
water supplies wliich arc in natural rtrt4 
uninhabilod t*f predominantly unde\el- 
oped fHt*4- urbani;'L'd) watersheds; no point 
source discharges of wastewater are per- 
mitted, except those dischariies existing 
di j. charge ' , . qualifying at the time of reclas- 
silicatK^n which qualifs for a General 
I'emiit accordiim pursuant to the recjuirc- 
ments of 15A NCAC ^44 mVr 2H .0127 
specifically approved by the Commission 

' > * tli^ ♦ ■ *t-l . t ■ t T ■■I...-. lll.'.itt.-lJ-l- ■ 1 llj 1 l/Al"!! 1 ■ 1 «1 ■ 1 

IX I 1 1 IV TTTTTCT CT CTTTTTTTTTCTTTTTTTTT HI TTT It../ 1, ill iTTTTCr 

inanagcmL'nt nonpoint source control 
programs to control nonpoint source pol- 
lution are recjuired: IcH'al uo\eniments 
ma\' utilize eniiineered slonnwater con- 



trols tor additional protecticni as long as 
density limits of this classihcalion are not 
exceeded and, in such cases. the\ assume 
ultimate respcinsibililN for operation and 
maintenance oi_ as outlined m Rule 
.0104(0 of this Subchapter: suitable for all 
Class C uses; 
{Si {M Class WS 11: WS-lll: waters protected 
as water supplies uhich are geiieralK in 
low to moderately developed (urbanii' e d) 
watersheds; discharges arc restricted to a 
limited number of treated domestic 
wastewater (sewage) or industrial non- 
process waters specificalK' approved bv 
the Commission; no new discharges m 
cntical area: local lrm4 manauL ' nu ' nt non- 



pt'int source control programs to control 
nonpoint source pollution are required; if 
Unal governments choose t_o allow devel- 
(^pment reciuinn'.; engmeered stonnwatcr 
controls, then thev will assume ultimate 



responsibility for operation and mainte- 
nance of the required ccmtrols as outlined 
in Rule .0104(0 ot' this Subchapter; suit- 
able for all Class C uses; 
(6) {^ Ckir .j. WS III; wulc'r iiupply iiogmont 
with fie- cQtogorical r e;. tnctions e» 
v' l 'atL'rjiht .' d dL'S'clopmunt «* diLichargor . ; 
Class W'S-IV; waters protected as water 
supplies which are generally in moderately 
to highlv deyeloped watersheds: discharges 
are restnctcd to a limited number of 
treated domestic (sewage) or industrial 



wastewater discharges; no new industnal 
discharges in critical area; kx'al nonpoint 
s(Hirce control programs to control non- 
p(Mnt source pollution are required; if Uv 
cal governments choose to alUnv 
development requinng engineered 

stormwatcr controls, then thev w ill as- 
sume ultimate responsibility for operation 
and maintenance of the required controls 
as (iutlined in Rule .0104(0 ill lilll Sub- 
chapter: suitable for all Class C uses; 



Statutory .Authority 

l43-2h'.3(a)( I). 



G.S. 



143-214.1: 



.0104 CONSIDERATIONS IN ASSIGNING 
W AIER SI WW CLASSIFICATIONS 

(a) In determining the suitability of waters for 
use as a source of water supply for drinking, cu- 
linary' or food processing puqioses after apprin ed 
treatment, the (?ommission will be guided by the 
physical, chemical, and bacteriological maximum 
contaminant levels specified by r,nvironmental 
Protection Atzcncy rciiulations adopted pursuant 
to the Public^ Health Service Act, 42 C.S.C. 201 
el seq., as amended by the Safe Drinking Water 
Act, 42 i;.S.C. .^00(0 et seq. In addition, the 
Commission will be guided by the requirements 
for unfiltered and filtered water supplies and the 
maximum contaminant levels specified in the 
North Carolina Rules Govemina Public Water 
Supplies, 10 NCAC lOD ,1200, .1^00 and .1600 
and comments provided by the Division of 
I k'alth Sl ' iv icL" . . I'n\ ironmcnlal I lealth. 

( b ) kn- con '. uk ' nng l4+e rocki '.'. ilication t+f vvater ;. 
»s Cla ;.-. WS I. t4+e Commi '.'i inn w+H- uvalual e le- 
«4 kind tHrt* mLinagLMnent pro gram ' . i k+ prolL ' ct t+H^ 
quality t+f thc '. L ' vsi i t e ra from nonpoint ■ . . ource '. nk 
ITollulion. I (Kill kind w^e management program -. 
C+++4 m(ulificalit)n '. t-H- iIk" . ! * program ', mu '. t l*** 
ap|irov e d l*y l4+t» ( dmm i'.'. ion rm4 Vrtkl k>t» kept 
(-H+ t+k' l*y (4*e Divi -. mn af I nvironiiK ' Htal Man 
agomunt *h4 Disi -i it)n hI Health Service -. . Water -i 
form e rly cki '.'. ified h^ rV4 vrikl bf con '. idered k+ 
bt* protei-t e d et-r required fen- unfiltered v . aler .. up 
|ilie .. bv t4+e Commi ' . . i ' ion h+ I l e allh Sei v ice -. H-M 



5:6 i\ORTH C.4ROLL\A REdlSTER June /5. 1990 



422 



PROPOSED RULES 



NCAC -W4^ .1200) Hfttf- ullLTTiativL ' pkft* aw 
'. ubmitt e d fw appro ' I 'al. All Ideal g(i\cmmcnts 
that arc dclcnnincd bv the (rommission to ha\c 
land use authorits within water supply 
watersheds and protected areas of (.'lass WS-IV 
water supplies will adopt and enforce ordinances 
that at a minimum meet the requirements of (j.S. 
143-214.5 and this Subchapter. Local govern- 
ments ma\ adopt and enforce more stnntzent 
ccmtrols. I ocal management programs and 
modil'ications to these programs must be ap- 
proved bv the Commission and will be kept on 
hie bv the DImskmi of 1 n\ironmental Manage- 
ment. Di\isicin of 1 n\ironmental Health and the 
Di\ision of ('ommunit\ Assistance. In consid- !ll Iil£ 
cring the reclassification of waters for water sup- 
pl\ purposes the Commission will evaluate local 
land use management programs in order to pro- 
tect the quality of these waters trom existing and 
future point and nonpoint sources ot pollution. 

(cite- con ' adi. ' nni-! t+H:' rocla ' -^jificution ef watero 
*?• Cla ''' . ' W'S 11. i+h* C\'mmi '' ! . ion v4H- e' l Ciluatc' 
local land «-^ irKinagi. ' mL ' nt prourcim '. t+* prot e ct 
A# quality t4-" tho '^ o vruter '' from oxi ^' ting aft4 fa- 
ttH=e nonpoint vourcL ' ! i b4- pollution. I ocal man 
agoinunt progrum!: . c*ft4 modification ' ." , te- tho '. o 
program -' mu -. l br^ appro vijd by- At? Commi '. rion 
i+H4 vrttt be kL ' pt t-H+ fi4t? by- tbt? Divir . ion e4' I-nvi 
ronmcntal .Mcinagemc'nt »«4 Di' i iL . ion e+ Health 
Sen ic CM I . All waters used tor water suppK pur- 
poses shall be classified to the most appropnate 
water supplv classihcation as determined bv the 
Cominission. 

(d) In considering the reclassification of waters 
*• Clai . r . W'S III. for water supplv purposes, the 
Commission will take into consideration the rel- 
ative pro.ximitN . quantity, composition, natural 
dilution and diminution of potential sources of 
poUution to determine that risks posed by all 
significant pollutants are adequately considered. 

(ei The construction ol_ new roads and bndges 
and non-residential development should mini- 
mi /.e built-upon area, divert stormvvater avvav 
Irom suriace wate r supply waters as much as 
possible, and employ best management practices 
to minimi/e water quality impacts, lo the extent 
practicable, the construction i2i. new roads in the 
critical area should be avoided. 

(f) Wherever m this Subchapter \X_ is provided 
that local governments assume responsibility tor 
operation and maintenance of engineered 
stomivvater controls (controKi. this shall be con- 
strued to require responsible local governments 
to inspect such controls at least once per vear. to 
determine whether the controls are pert'orming 
as designed and intended. Records ot inspections 
shall be maintained on to mis approved or sup- 



plied by the Division. I x^cal governments may 
require payment of reasonable inspection fees by 
entities which own the controls, as authorized by 
law. In the event inspection shows that a control 
i^ n(^t pertormin.g adequately . the local govern- 
ment shall order the owning entity to take cor- 
rective actions. It the entity tails to take 
suthcient corrective actions, the local government 
may impose civil penalties and pursue other 
available remedies in accordance with law. The 
avaihibilitv of new engineered stormvvater con- 
tr()ls as an alternative to knver development 
density and other measures under the provisions 
of this Subchapter and local ordinances approved 
by the Commission shall be conditioned on the 
posting o[_ adequate hnancial assurance, iri the 
to mi of a cash deposit with or bond made paya- 
ble to the responsible local govemment, or other 
acceptable security. The establishment of a 
stormvvater utility by the responsible local gov- 
ernment shall he deemed adequate financial as- 
surance. The purpose of the required financial 
assurance is to assure that maintenance, repairs 
or rcconstmction necessary for adequate per- 
tormance ot^ the controls may he made bv the 
owning entity or the local government which 
may choose to assume ov.nership and mainte- 
nance responsibility. 

(g) Where no practicable alternative exists, 
discharge trom groundwater remediation prt^iects 
addressing water quality problems will be allowed 
m aH water supply classifications. 

(h) lo turther the cooperative nature of the 
water supply watershed management and pro- 
tection program provided tor herein, local gov- 
ernments with junsdiction over portions of 
classitled watersheds and local governments 
which denve their water supplv trom within such 
watersheds are encouraged to establish joint wa- 
ter quality monitonng and inlormation shanng 
programs, bv interlocal agreement or othenvisc. 
Such cooperative programs shall be established 
in consultation with the Division. 



StaiuUuT Authnrily 

14^-215. 3ial( 1 1. 



G.S. 



1 43-2 1 4. 1: 



SECTION .0200 - CL.VSSIFIC ATIONS AND 

W AIKR QCAI.ITV SIVNOARDS AI'IM IC AHI,E 

K) SI RF ACK WAI KRS OK NOR I II ( AROI.INA 

.0202 nKKINinONS 

The definition of any word or phrase used in 
these mies shall be the same as given iii .Article 
21, Chapter 143 of the General Statutes of North 
Carolina, The following words and phrases, 
which are not detlned in this article, will be in- 
terpreted as follows: 



42.^ 



5:6 NORTH CAROLINA REGISTER June 15, 1990 



PROPOSED RULES 



(1) Acute toxicity to aquatic life means 
lethality or other harmful effects sustained 
by either resident aquatic populations or in- 
dicator species used as test organisms in a 
controlled toxicity test due to a short-term 
exposure (relative to the life cycle of the 
organism) to a specific chemical or mixture 
of chemicals (as in an effluent). Short-term 
exposure for acute tests is generally 96 hours 
or less. Acute toxicity will be determined 
using the most appropriate of the following 
procedures: 

(a) for specific chemical constituents or com- 
pounds, acceptable levels will be equiv- 
alent to a concentration of one-half or less 
of the F'inal Acute Value (FAV) as deter- 
mined according to "Guidelines for De- 
riving Numerical Water Quality Critcna 
for the Protection of Aquatic Life and its 
Uses" published by the I-'n\ironmcntal 
Protection Agcncv and referenced in the 
I-edcral Register (50 \K 30784, July 29, 
1985). 

(b) for specific chemical constituents or com- 
pounds, acceptable levels will be equiv- 
alent to a concentration of one-third or 
less of the lowest available LC50 value. 

(c) for effluents, acceptable levels are defined 
as no statistically measurable lethality (99 
percent confidence level using Students t 
test) during a specified exposure period. 
Concentrations of exposure will be deter- 
mined on a case-by-case basis. 

(d) in instances where detailed dose response 
data indicate that acceptable levels are 
significantly different from those defined 
in tliis Rule, the Director may determine 
on a casc-by-case basis an alternate ac- 
ceptable level througli statistical analyses 
of the dose response cur\c. 

(2) Acute to Chronic Ratio (ACR) means the 
ratio of acute toxicity expressed as an LC50 
for a specific toxicant or an eftluent to the 
chronic \alue for the same toxicant or 
effluent . 

(3) Agricultural uses include the use of waters 
for stock watering, irrigation, and other farm 
purposes. 

(4) Approved treatment, as applied to water 
supplies, means treatment accepted as satis- 
factory by the authorities responsible for 
exercising supervision over the quality of 
water supplies. 

(5) Average (except bacterial) means arithme- 
tical average and includes the analvtical re- 
sults of all samples taken during the specified 
period; all sampling shall be done as to ob- 



tain the most representative sample under 
prevailing conditions: 

(a) Daily Average for dissolved oxygen, shall 
be of at least four samples; 

(b) Weekly Average means the average of all 
daily composite samples obtained during 
the calendar week; if only one grab sample 
is taken each day, the weekly average is 
the average of all daily grab samples; a 
minimum of three daily grab samples is 
needed to calculate a weekly average; 

(c) Monthly Average means the average of all 
daily composites (or grab samples if only 
one per day) obtained during the calendar 
month. 

The definitions in this Paragraph do not 
affect the monitoring requirements for 
NPDES permits but rather are to be used 
by the Division along with other method- 
ologies in determining violations of water 
quality standards. Arithmetical averages 
as defined by this Rule, and not confi- 
dence limits nor other statistical de- 
scriptions, will be used in all calculations 
of limitations which require the use of 
averages pursuant to this Rule and 40 
CI-R 122.41(l)(4)(iii). 

(6) Best Management Practice (HMI') means 
a structural or nonstructural management- 
based practice used singularly or in combi- 
nation to reduce nonpoint source inputs to 
receiving waters in order to achieve water 
quality protection goals. 

(7) Best usage of waters as specified for each 
class means those uses as determined by the 
Environmental Management Commission in 
accordance with the provisions of Article 21, 
Chapter 143-214.1, Cieneral Statutes of 
North Carolina. 

(8) Bioaccumulative means substances which 
are taken up, concentrated, and retained by 
an organism from its environment. 

(9) Buffer means an area of natural or planted 
\eiietation throudi uhich stormwater runolf 



flows jri a difluse manner so that the nmotf 

does not become 

provide s 



chaniicli/ed and \vhich 
for infiltration of th£ runolf and 
tillering of pollutants. 

( 10) Built-upon area means that portion of a 
de\elopment project that h; covered by 
impervious or partially imperv ious cover in- 
cluding buildings, pawment, gravel rtxids, 
recreation facilities (e.g. tennis courts), etc. 
(Note: the water area of a sv\imming pool is 
considered pervious.) 

(11) f^ Chronic toxicity to aquatic life means 
any hamiful effect sustained by either resi- 
dent aquatic populations or indicator species 



5:6 NORTH CAROLINA REGISTER June 15. 1990 



424 



PROPOSED RULES 



(1 



(1 



used as test organisms in a controlled 
toxicity test due to long-term exposure (rel- 
ative to the life cycle of the organism) or 
exposure during a substantial portion of the 
duration of a sensitive period of the life cycle 
to a specific chemical substance or mixture 
of chemicals (as in an effluent). In absence 
of extended periods of exposure, early life 
stage or reproductive toxicity tests ma>' be 
used to define chronic impacts. 

2) f-M-H Chronic \alue for aquatic life means 
the geometric mean of two concentrations 
identified in a controlled toxicity test as the 
No Observable liffect Concentration 
(NOEC) and the lowest Observable I-ffect 
Concentration (IC)I'C). 

}} (444 Concentrations are the mass of a sub- 
stance per \olume of water and for the pur- 
poses of this Section will be expressed as 
milligrams per liter (mg 1). micrograms per 
liter (ug 1). or nanograms per liter (ng 1). 

4) (^ntical area means the area adjacent to a 
water supph intake or reservoir where nsk 
assciciated with pc'llution is greater than 
from the remaining portions of the 
watershei.1- I he cntical area [s defined as 
extendini; either I 2 mile from the normal 
pool ele\ation of die resen'oir in which the 
intake is located or to the ridiie line ot^ the 
watershed ( w hiche\ er comes lirsl ): or one 
mile upstream trom the intake located di- 
rect 1\ m the stream or n\ er (run-ot-the- 
n\er). or to the ndL:e line (M the watershed 
(whichever com 



tirst). 



Since WS-I 



watersheds are uninhabited and unde\el- 



oped. establishment ot^ a cntical area is niU 
required- 1 ocal go\ ernmeiits ma\ extend 
the critical area as needed. M.qor kindmarks 
such as high\va\s ma\ be used 1_o delineate 
louiularN of the 



the outer 
these 



h 



cntical area if 



(1 



landmarks are immedi,..el\ ad|acent to 
the a|ipropnate outer boundar\ ol_ I 2 or 
one mile. 

Xl f4r3-)- iX'signated Nonpoint Source Agency 
means those agencies specified by the Gov- 
ernor in the North Caroluia Nonpoint 
Source Management Program, as approved 
by the I'n\ironmental Protection Agency. 

6} Development means any land disturbing 
actiMtv which adtls to or chaiiiies the 



amount 



iM impenious or partial 



imper\ lous cover on a land area or which 
othenvise decreases the infiltration ot pre- 



(r 



cipilation mlo the soil thus altering the 
h\droloL:ical charactenstics of the area. 
M f4-4+ Discharge is the addition of an\ man- 
iiuluced waste effluent either directly or in- 
directh to state suiface waters. 



( IS) (444 Division means the Division of f-nvi- 
ronmental Management or its successors. 

( 1'^) Domestic discharge means the discharge 
of treated pnmanlv human wastewater 
(sewage); non-process industrial wastewater 
is also classified as domestic wastewater un- 
less excepted bv the Director. 

(20) f4->^ I'ffluent channel means a discemable 
confined and discrete conveyance which is 
used for transporting treated wastewater to 
a receiving stream or other body of water as 
provided in Rule .0215 of this Section. 

(21) {4M Hxjsting uses mean uses actually at- 
tained in the water body, in a significant and 
not incidental manner, on or after Novem- 
ber 28, 1^)75, whether or not the\ are in- 
cluded in the water quality standards, which 
either have been actually available to the 
public or are uses deemed attainable by the 
Lnvironmental .Management ('ommission. 
At a minimum, uses shall be deemed attain- 
able if they can be achieved by the imposi- 
tion of effluent limits and cost-eflective and 
reasonable best management practices 
(BMPs) for nonpoint source control. 

(22) f4^ lushing means the taking of fish by 
sport or commercial methods as well as the 
consumption of fish or shellfish or the 
propagation oi fish and such other aquatic 
fife as is necessan," to provide a suitable en- 
vironment for fish. 

(2."^) (4>4 Freshwater means all waters that un- 
der natural conditions would have a chlonde 
ion content of 300 mg 1 or less. 

(24) 1 la/ardous matenal means any substance 
listed as such in: S.AR.A secticm 3n2. i \- 
tremeh 1 la/ardous Substances: ( 1 RCI .\. 
1 la/ardous Substances: or Section }\ I of 
(A\'.\ foil and hazardous substances). 



(2.S) Industrial discharge means the disLharm 



(M industrial process t re.it ed wastewater or 
wastewater other than sew.iee anil includes: 






wastewater resultin'-: trom anv process of 
industr\ or m.inulacture. or Irom the ile- 
velopment o[ an\ natural resource: 

wastew aler resulting hoiu processes o\_ 
trade or business, including wastewater 
trom laundnimats and car washes, but not 
wastewater trom restaurants: 



(c) slonnwater will not be considered to be 
an industrial wastewater unless it is con- 



t.iminated with industn:il v\ ,istew :iter: or 



(d) 



wastewater discharged trom a municip.il 

wastewater treatment plant requinnL: a 

pretreatment proizram. 

(26) <4-^ \.CM) means that concentration of a 

toxic substance which is lethal (or 

immobilizing, if appropnate) to 50 percent 



425 



5:6 AORTH CAROLLXA REGISTER Jiiiw 15, I9W 



PROPOSED RULES 



of the organisms tested during a specified 
exposure period. The LC50 concentration 
for toxic materials shall be determined for 
appropriate sensitive species under aquatic 
conditions characteristic of the receiving 
waters. 

(27) local go\emment means a citv or county 
in singular or plural as defined in G.S. 
16()A-1(2) and G.S. i58A-10. 

(28) (-34^ lower piedmont and coastal plain 
waters mean those waters of the Catawba 
River Basin below Lookout Shoals Dam; 
the Yadkin River Basin below the junction 
of the Forsvlh, "^'adkin, and Davie County 
lines and all of the waters of Cape F'ear; 
Lumber; Roanoke; Neusc; Tar- Pamlico; 
Chowan; Pasquotank; and White Oak River 
Basins, except tidal salt waters which are 
assigned S classifications. 

(29) (-3-1-^ \1F is an abbrc\iation for the mem- 
brane fdter procedure for bacteriological 
analysis. 

(30) (-334 Mixing zone means a region of the 
rccei\ing water in the \ icinity of a discharge 
within which dispersion and ddution of 
constituents in the discharge occurs and such 
zones shall be subject to conditions estab- 
lished in accordance with 15A NCAC 2B 
.0204(b). 

(31) f3^ .Mountain and upper piedmont waters 
mean all of the waters of the Iliwassee; Little 
Tennessee, including the Sa\annah Ri\cr 
drainage area; French Broad; Broad; New; 
and Watauga River Basins and those 
portions of the Catawba River Basin above 
Lookout Shoals Dam and the Yadkin Ri\er 
Basin above the junction of the Fors>'th, 
Yadkin, and Da\ic County lines. 

(32) (-3-44 Nonpoint source pollution means 
pollution which enters waters mainly as a 
result of precipitation and subsequent runoff 
from lands which have been disturbed by 
man's activities and includes all sources of 
water pollution which are not required to 
have a pemut in accordance with G.S. 
143-215.1(c). 

(33) Non- process discharge means industrial 
effluent not dircctlv resulting from the man- 
ufacturing process. An example would be 
non-C(.intact cooling water from a 
compressor. 



(34) (-3>^ Nutrient sensitive waters mean those 
waters which are so designated in the classi- 
fication schedule in order to limit the dis- 
charge of nutrients (usually nitrogen and 
phosphorus). They are designated by 
"NSW" foUowine the water classification. 



(35) Protected area means the area adjoining 
and upstream of the critical area in a WS-IV 
water supply watershed in which protection 
measures are required. The boundaries of 
the protected areas are delineated on a case- 
by-case basis, considering watershed size, 
stream flow, land use characteristics and 
other appropriate factors. 

(36) f3^ Oflensive condition means any condi- 
tion or conditions resulting from the pres- 
ence of sewage, industrial wastes or other 
wastes within the waters of the state or along 
the shorelines thereof which shaU either di- 
rectly or indirectly cause foul or noxious 
odors, unsightly conditions, or breeding of 
abnormally large quantities of mosquitoes 
or other insect pests, or shall damage private 
or public water supplies or other structures, 
result in the development of gases which 
destroy or damage surrounding property, 
herbage or grasses, or which may cause the 
impairment of taste, such as from fish flesh 
tainting, or aftect the health of any person 
residing or working in the area. 

(37) (-3^ Primary- Nurserv' Areas (PNAs) are 
tidal saltwaters which pro\ide essential 
habitat for the early development of com- 
mercially important fish and shellfish and are 
so designated by the Marine Fisheries 
Commission. 

(3S) (-3X4 i'rimary recreation includes swimming, 
skin di\ing, skiing, and similar uses involv- 
ing human body contact with water where 
such activities take place in an organized or 
on a frequent basis. 

(39) Residential de\elopment means buildings 
for residence such as attached and detached 
single family dwellings, apartment com- 
plexes, condominiums, townhtnises. cot- 
tages, etc. and their asstK'iated outbuildings 
such as garages, storage buildings, gazebos, 
etc. 

(40) (40-^ Secondary recreation includes wading, 
boating, other uses not invohing human 
body contact with water, and activities in- 
volving human body contact with water 
where such acti\ities take place on an infre- 
quent, unorganized, or incidental basis. 

(41) (4% Sensitive species for aquatic toxicity 
testing is any species utilized in procedures 
accepted by the Commission or its designee 
in accordance with Rules .021 l(b)(3)(L) or 
.0212(b)(3)(L) of this Section, or the fol- 
lowing genera; 

(a) Daphnia; 

(b) Ceriodaphnia; 

(c) Salmo; 

(d) Pimephales; 



5:6 NORTH CAROLINA REGISTER June 15, 1990 



426 



PROPOSED RULES 



(e) Mysidopsis; 

(f) Champia; 

(g) Cyprinodon; 
(h) ^Vrbacia; 

(i) Fenaeus; 

(j) Mcnidia; 

(k) Notropis; 

(1) Salvelinus; 

(m) Oncorhynchus; 

(n) Selenastrum. 
Other genera may be accepted by the Com- 
mission or its designee on a case-by-case ba- 
sis. 

(42) f^-H Shellfish culture includes the use of 
waters for the propagation, storage and 
gathering of oysters, clams, and other 
shellfish for market purposes. 

(43) .Sludiie residuals means any solid or semi- 
solid waste generated from a wastewater 
treatment plant, water treatment plant or air 
pollution control tacilit\' permitted under the 
authontv of the I n\ironmental Manasze- 



ment Commission. 

(44) (4^ Source of water supply for drinking, 
culinary or food-processing purposes means 
any source, either public or private, the wa- 
ters from which are used for human con- 
sumption, or used in connection with the 
processing of milk, beverages, food, or other 
purpose which requires water meeting the 
Maximum Contaminant levels (MCI s) in 
the North Carolina Rules Governing F'ublic 
Water Supplies, 10 NCAC lOD .1600 as weU 
as MCfs promulgated by the Environ- 
mental Protection Aiiency pursuant to the 
Public Health Service^ Act, 42 U.S.C. 201 et 
seq., as amended bv the Safe Drinking Water 
Act, 42 U.S.C. 30d(f) (g)-l et seq. 

(45) f^rii Swamp waters mean those waters 
which are classified by the Invironmental 
Management Commission and which are 
topographically located so as to generally 
have ver)' low \elocities and certain other 
characteristics which are different from ad- 
jacent streams draining steeper topography. 

IhcN arc designated by "Sw" foUowmg the 
water classification. 

(46) (44^ Tidal salt waters mean all tidal waters 
which are classified by the nnvironmental 
Management Commission which generally 
ha\c a natural chloride ion content in excess 
of 500 parts per million and include all wa- 
ters assigned S classifications. 

(47) (4^ loxic substance or toxicant means any 
substance or combination of substances (in- 
cluding disease-causing agents), which after 
discharge and upon exposure, ingestion, 
inhalation, or assimilation into an\ 



organism, either directly from the environ- 
ment or indirectly by ingestion through food 
chains, has the potential to cause death, dis- 
ease, behavioral abnormalities, cancer, ge- 
netic mutations, physiological malfunctions 
(including malfunctions or suppression in 
reproduction or growth) or physical 
deformities in such organisms or their off- 
spring or other adverse health effects. 
(4S) {-M^ lYout waters are those waters which 
have conditions which wUl sustain and allow 
for trout propagation and sur\ ival of stocked 
trout on a year-round basis. These waters 
are classified by the Commission after con- 
sidering the requirements of Rule .0101(b) 
and (c) of this Subchapter and include all 
waters designated by "Tr" in the water clas- 
sification. 

(49) (4^ Waste disposal includes the use of 
waters for disposal of sewage, industrial 
waste or other waste after approved treat- 
ment. 

( 50 ) frWv) Water quality based eflluent limits and 
best management practices are limitations 
or best management practices developed by 
the Division for the purpose of protecting 
water quality standards and best usage of 
surface waters consistent with the require- 
ments of General Statute 143-214.1 and the 
federal Water Pollution (Control Act as 
amended. 

(51) (4% Waters with quality higher than the 
standards means all waters for which the 
determination of waste load allocations 
(pursuant to Rule .0206 of this Section) in- 
dicates that water quality is sufficiently 
greater than that defmed by the standards 
such that significant pollutant loading ca- 
pacity still exists in those waters. 

(52) Watershed means the entire land area 
contributing surtace drainage to a specific 
point. 

Statuton- Authority G.S. 143-214.1; 

l43-2l5.3(al{l ). 

.02 1 I I RKSI I SI RIACK WA IKR 

CL.\SSIHC\riONS .AND STAND.\RDS 

(c) Class WS-I Waters. 

(1) Best Usage of Waters. Source of water 
supply for drinking, culinan,', or food- 
processing purposes for those users desir- 
ing maximum protection of their water 
supplies, and any other best usage speci- 
fied for Class C waters; 

(2) Conditions Related to the Best Usage. 
Waters of this class are protected water 
supplies within natural and uninhabitated 



427 



5:6 ISORTH CAROLINA REGISTER June 15, 1990 



PROPOSED RULES 



Bf predominantly iindcvolopod («et 
urbunii'. e d) watersheds with no permitted 
point source discharges e xc e pt thoso wt- 
iutinu dii i chargoo qualifying fof » (icncral 
I\ ' rmit according te- t4«* rcquirumontd Bf 
44A \C.\C 5« 4U4-1- specifically »p- 
prov e d ^^ the Commission at- tbe time »f 
claii f. ification; waters within this class must 
be relatively unimpacted by nonpoint 
sources of pollution; local land use man- 
agement programs are required to protect 
waters from nonpoint source pollution; 
silviculture and agriculture activities are 
alknved and are required to employ Best 
Management Practices (BMPs) [as de- 
fined bv Rule .(1202(6) i)i lllH Section | re^ 
commended bv the Designated Nonpoint 
Source A gene v [as detined by Rule 
.02(I2( 15) of this Section! to the extent 
State cost share funds and technical as- 
sistance are a\'ailable; ' ■ satershodr . must b# 
prot e ct e d afi4 the waters, following treat- 
ment required by the Division of 1 t e alth 
Senicos, ln\ironmental Health, will meet 
the maximum contaminant lesels concen- 



trations considered safe tor drinking, culi- 
nary, and food-processing purposes which 
are specified in the national dnnking water 
regulations and in the North Carolina 
Rules Governing I'ubUc Water Supplies, 
10 NCAC lOD .1600; sources of water 
pollution which preclude any of these uses 
on either a short-term or long-term basis 
will be considered to be violating a water 
qualit\- standard; 
(3) Qualitv Standards Applicable to Class 
WS-I Waters: 

(A) Nonpoint Source Pollution; only Att4- 
pollution which wiH- twA- none that would 
adversely impact the waters tbr use as a 
water supply or any other designated use; 

(B) Organisms of coliform group: total 
coliforms not to exceed 50 100 ml (Ml- 
count) as a monthly geometric mean 
value in watersheds serving as unfiltercd 
water supplies; 

(C) Phenolic compounds: not greater than 
1.0 ug/1 (phenols) to protect water sup- 
plies from taste and odor problems from 
chlorinated phenols; 

(D) Sewage, industrial wastes: none; except 
thor . o j. p e cilifd ift Subpariigniph f4| ef t+H^ 
Panigmpli: 

(E) Solids, total dissoKed: not greater than 
500 mgl; 

(F) Total hardness: not greater than 100 
mg 1 as calcium carbonate; 

(G) Toxic and other deleterious substances: 



(i) Water quality standards (maximum 
permissible levols) concentrations) to 
protect human health through water 
consumption and fish tissue consump- 
tion for non-carcinogens in Class WS-I 
waters: 

(I) Barium: 1.0 mg,l; 

(II) Chloride: 250 mg/1; 

(III) Manganese: 50 ug/1; 

(IV) Nickel: 25 ug 1; 

(V) Nitrate nitrogen: 10.0 mg/1; 

(VI) 2,4-D: 100\ig'l; 

(VII) 2,4,5-TP (Silvex): 10 ug/1; 

(VIII) Sulfates: 250 mg/1. 

(ii) Water quality standards (maximum 
permissible l e ' ie ls) concentrations) to 
protect human health through water 
consumption and fish tissue consump- 
tion for carcinogens in Class WS-I wa- 
ters: 

(I) Beryllium: 6.S ng/1; 

(II) Benzene: 1.19 ug/1; 

(HI) Carbon tetrachloride: 0.254 ug/1; 

(IV) Chlorinated benzenes: 488 ue,l; 

(V) Dioxin: 0.000013 ng 1; 

(VI) Ilexachlorobutadiene: 0.445 ug 1; 

(VII) Pohnuclear aromatic 
hydrocarbons: 2.S ng 1; 

(Vlil) Tetrachloroerhane (1,1,2,2): 
0.172 ugl; 

(IX) Tetrachloroethylene: 0.8ug,i; 

(X) Trichloroethvlene: 3.08 ug 1; 

(XI) Vinvl Chloride: 2 ug/1; 
(XH) Aldrin: 0.127 ngl; 

(XIII) Chlordane: 0.575 ngl; 

(XIV) DDT: 0.588 ng 1; 

(XV) Dieldnn: 0.135 ng/1; 

(XVI) Ileptachlor: 0.2lT8 ng;l. 
(d) Class WS-Il Waters. 

( 1 ) Best Usage of Waters. Source of water 
supply for drinking, culinary, or food- 
processing purposes for those users desir- 
ing maximum protection for their water 
supplies where a WS-I classification is not 
attiuiKibl e feasible and any other best us- 
age specified for Class C waters; th» clai . 
sification may alM* be used te- protect 
critical portions »f Ae watersh e d »f Class 
W^S III v , atorn: 

(2) Conditions Related to Best Usage. Waters 
of this class are protected as water supplies 
which are in lew te modenitclv do' . sloped 
(urbani/'ed) watershed -. ; only dome 'i tio 
wcislewaler discharges (excluding munici 
pt4 dischargers required k+ ha^o a- f>fe- 
tr e atm e nt program iiccording te- +4A 
NCAC iU m) ' \) »«4 industrial hwh 
proc e ss discharges predoniinantlv unde- 



5:6 P^ORTH CAROLINA REGISTER June 15, 1990 



428 



PROPOSED RULES 



veloped with no permitted point source 
discharges of wastewater except those dis- 
charges existing at the time of reclassifica- 
tion which qualify lor a Cieneral I'ermit 
pursuant to the requirements of 15A 
N( .\(r 211 .0127 specifically approved by 
the liMC cH* permitted m th e i>e 
' ■ ' ■ utLTi . hijd '' : Commission; local govern- 
ments mu '. t hr+ve km4 t»e manauomont 
proiinim; . te protect tht" . !. ' ' ■ vdtt ' n . ht'd ' j 
from pollution 4«« te- kift4 dcHt'lopmcnt 
ttft4 other nonpoint [ . ouroLn . : will encour- 
age participation in the Agricultural (.'ost 
Share Program and will be aware of and, 
as the existing laws allow. de\elop, im- 
plement, and enforce a comprehensive 
nonpoint source control program to re- 
duce water pollution from activities within 
the watershed such as commercial and 
residential development . forestrw landhlls. 



mining, on-site sanitar\' sewage systems 
which utili/e ground adsorption, toxic and 
hazardous materials, transportation, and 
water based recreation; the waters, fol- 
lowing treatment required b\- the Di\'ision 
of H e alth S e P i ic e-. . r'n\ironmental Health, 
will meet the maximum contaminant tev- 
(4^ concentrations considered safe for 
drinking, culinar\-. and food-processing 
purposes which are specified in the na- 
tional drinking water regulations and in 
the North C;irolina Rules Ciovemine 
Public Water Supplies. 10 NCAC lOD 
.1600; sources of water pollution which 
preclude any of these uses on either a 
short-term or long-term basis will be 
considered to be violating a water quahty 
standard: Class WS-ll may be used to 
(and 



pnitect tributaries 



headwaters 



thereof, as necessary | within critical areas 
of Class WS-Ill. and WS-IV waters; 
(3) Quaht\' Standards -Applicable to Class 
WS-II Waters: 

(A) Sewage and Industrial Wastes: none 
except for non procor .' : . indu -. trial 4+s- 
chargef . L . pocihcally approved t*v the 
Commi '. i . ion: those specified in Subpara- 
graph (2) of this Paragraph: 

(B) Nonpoint Source Pollution: w4¥ Aat- 
pollution V i hich vrili h*+4- none that would 
adversely impact the waters for use as a 
water supply or any other designated use; 
(i) Nonpoint Source Pollution Control 

Critena I -or 1 ntire Watershed: 

( 1 1 Residential development must be 

limited to one dwelling unit per t wo 

acres or sn; percent built-upon area 

on average in the watershed: if local 



government desires additional pro- 
tection for development (ex. cluster- 
ing or existing development) then 
engineered stormwater controls ( wet 
detention ponds) mav be employed 
and shall control the runoff from the 
first inch of rainfall: this shall not be 
used to supersede the density limit of 
one dwelling unit per two acres or six 
percent built-upon area: 

(11) I and within the watershed will be 
deemed compliant with the dcnsitv 
requirements if the following two 
conditions are met: 

(la) I he density of all existing and 
platted development meets the den- 
sity requirement when densities are 
averaged throughout the entire 
watershed area at^ the time of classi- 
fication; 



(lb) AU new development meets this 
deuMtv requirement on a project by 
project b:isis: 

(111) Clustenng of development is al- 
lowed outside of cnlical area on a 
project basis vviili the following con- 
ditic)ns: 

(la) Overall density of the project 
meets associated density or 
stonnwater control requirements: 

( lb) Built-upon areas mav only (X'cur 
in upland areas of projects that are 
not immediately adjacent to water 
supply waters; 

(Ic) Remainder of tract to remain in 
vegetated or natural state: 



(IV) Non-residential development mav 
occupy a maximum of ten percent of 
total watershed area outside of the 
critical area; in order to maintain 
overall density . built-upon area for 
non-rcsidential development shall not 
exceed 71) percent maximum on a 
project basis: to the maximum extent 
practicable, non-residential develop- 
ment should minimi/e built-upon 
suriaces, direct stonnwater away 
from surface waters and employ best 
management practices \o_ minimi/,e 
water quality impacts: 

(\') h loc:d governments choose to al- 
low development requiring engi- 
neered stonnwater controls, then 
they will assume ultimate responsi- 
bility for operation and mainten:ince 
of t]ie required controls as outlined 
in Rule ■()104(fi of this Subchapter; 



429 



5:6 NORTH CAROLIiXA REGISTER June 15, 1990 



PROPOSED RULES 



(\'\) Vciielativc hulTcr will he main- 



tained adjacent to all perennial 
tnhutanes; width to he determined 
hv addmiz 50 leet to lour times the 
percent skipe; 

(VII) No permanent structures will he 
huilt in the \euetative hutfer; 

( \" 1 1 1 ) Maintain in\entor> of all haz- 
ardous materials used and st(^red in 
the watershed: spill failure C(mtain- 
ment plan and apprc^priate safeuuards 
auainst c(^ntaminalion are required; 
appropnate rec\clintz of materials is 
encouratzed: 

(IX) N£ land application of 

sludtie residuals is allowed: 

(\) No new discharginu landfills are 
allowed; 

(XI ) Non-discharainu sNstems allowed 
hut onl\ in cases where the treated 
wastewater orianates within the 
watershed; 



(ii) Cntical .Area Nonpiiint Source Pol- 
lulmn Control Cnteria: 

( I ) No new sewer lines are allowed; 

( II ) No new industnal de\elopment is 
allowed; 

(III) Minimum 1(10 foot \e,uetati\e 
huffer landward from nomial po(^l 
ele\ation ar(nln^l reserx'oir. or greater, 
depending upon s(m1 \\ pe and slope; 
stream or river used as direct intake 

ha\e minimum 100 loot 
indward from 



will 

\ei;etative hufler 

stream hank for a distance o 



mile 



if watershed ccimprises less than 100 
square miles olher\s ise (Mie mile up- 
stream; if 50 plus four times the per- 



cent slope is tire at er than 100 leet 
then this \alue must he used as the 
w idth of the huffer: 



(IV) No engineered stonnwater con- 
trols are alkn'.ei.l: 

(V) No new cluster t\pe development 
i^ allowed; 

(\'l) No new landfills are a 



(\ II ) N(^ ha/ardoLis matenals use or 
storage i^ allowed; 
(C) Odor producing substances contained 
in sewage or other wastes: only such 
amounts, whether alone or in combina- 
tion with other substances or wastes, as 
will not cause: taste and odor difficulties 
in water supplies which cannot be cor- 
rected by treatment, impair the 
palatability of fish, or have a deleterious 
effect upon any best usage established for 
waters of this class; 



(D) Phenolic compounds: not greater than 
1.0 ug 1 (phenols) to protect water sup- 
plies from taste and odor problems from 
due to chlorinated phenols; 

(1') Sewage: none which will have an ad- 
verse effect on human health or is not ef- 
fectively treated to the satisfaction of the 
Commission and in accordance with the 
requirements of the Division of H e alth 
St ' P .' icL ';. , I'nvironmental Health, North 
Carolina Department of I juman -Re- 
r . ourcer . ; Fnvironment, I lealth, and Na- 
tural Resources; 

(F) Total hardness: not greater than 100 
mg 1 as calcium carbonate; 

(G) Total dissolved solids: not greater than 
500 mg, 1; 

(11) loxic and other deleterious substances: 
(i) Water quality standards (maximum 
permissible lesek . ) concentrations) to 
protect human health tlirougli water 
consumption and fish tissue consump- 
tion for non-carcinogens in Class W'S-II 
waters: 

(I) Banum: 1.0 mgl; 

(II) Chloride: 250''mg;l; 

(III) Manganese: Om 50 ug/l; 

(IV) Nickel: 25 ug 1; 

(V) Nitrate nitrouen: 10.0 mg/l; 

(VI) 2,4-D: IO(rut;;l; 

(VII) 2,4,5-rP: uTugl; 

(VIII) Sulfates: ^404) 250 mg/l; 

(ii) Water quality standards (maximum 
permissible l e v e l -. ) ccmcentrations) to 
protect human health through water 
consumption and fish tissue consump- 
tion for carcinogens in Class WS-II 
waters: 

(I) Beryllium: 6.8 ng I; 

(II) Ben/ene: 1.19 ugl; 

(III) Carbon tetrachloride: 0.254 ug.l; 

(IV) (Chlorinated ben/enes: 4SX ug 1: 

(V) Dioxin: 0.00001.^ ng 1; 

(VI) Ilexachlorobutadiene: 0.445 ug I; 

(VII) I\)lv nuclear aromatic 
hydrocarbons: 2.S ng 1; 

(VI il) Tetrachloroethane (1,1,2,2): 

0.172 ugl; 

(IX) Tetrachlorocthylene: 0.8 ug/1; 

(X) Trichloroethvlene: 3.08 ug,l; 

(XI) Vinvl Chloride: 2 ug 1; 

(XII) Aldrin: 0.127 nul;^ 

(XIII) Clilordane: 0.575 ng,l; 

(XIV) DDT: 0.588 ng I; 

(XV) Dieldrin: O.l.^sng'l; 

(XVI) Ilcptachlor: 0.21)8 nsl; 
(c) Class WS-II I Waters. 



5:6 NORTH CAROLINA REGISTER June 15. 1991) 



450 



PROPOSED RULES 



(1) Best Usage of Waters. Scnirce of water 
supply for drinking, culinan,', or food- 
processing puiposes for those users where 
a more pr(<l e cl f d I' lUircL"; . af^ protective 
WS-I or W'S-II classitication is not feasi- 
ble and any other best usage specified for 
Class C waters; 

(2) Conditions Related to Best Usage. Waters 
of this class are protected as water supplies 
\s hich are gen era IK' in low tc^ moderately 

with 



(3 



walershe 



limited 



developed 

number of domestic wastewater discharijes 
(excluding municipal discharges required 
to ha\e a pretrcalment program according 
to |5A NCAC 211 mM) and industrial 
non-pnxess discharges specilicallv ap- 
proved bv the Commission: no new dis- 
charizes in cntical area; Ux-al L!0\emments 
will encourage participation in the .\Lin- 
cullural Cost Share Program and will be 
aware of and. as the existinti laws allow. 



develop, implement, and enforce a com- 



prehensive nonpoint source control pro- 
L'ram to reduce water pollution trom 
activities within the waterslieii such as 



commercud and residential i.lev elopment. 
tbrestn . landfills, mining, (.msite sanitan 
sewaee svstcms which utili/e iiround 



adsorption, toxic and hazardous materials, 
transptiilation. and water based recre- 
ation; the waters, after lollow uvi treatment 
recjuired by the Division of 1 1 faith Jv«»f^ 
sict" . , l-nvinmmenlal 1 lealth. will meet 
the maximum contaminant k^vek. c(>ncen- 
t rations considered safe for drinking, culi- 
nary, or food-processing purposes which 
are specified in the national dnnking water 
regulations and in the North (Carolina 
Rules Cjoveming Public Water Supplies, 
10 NCAC KID .1600; sources of water 
pollution which preclude any of these uses 
on either a short-temi or long-term basis 
will be considered to be violating a water 
quality standard; ('lass WS-lll may be 
used to protect tributaries (and 
headwaters thereot. as necessary ) w ilhm 
cntical areas ol_ Cl.iss \\'S-1\ : 

(Jualitv Standards ^Applicable to (^ass 
WS-IIlWaters; 

( A ) Industrial Wastes: none except for 
those non-process induslnal disclianies 
specific, ilK .ipproved bv the ( (Mnmissiciii: 

(B) Non|-)oint Source Pollution: none that 
would adversely imp, id the w aters for use 
as water supply or ,iny other desiLiiuiled 
use: 

(i ) NtMipoint Source Pollution Control 
(nteiia for Intire \\';iteished: 



(I) Residential development must be 
limited to one dwelling unit per acre 
or twehe percent built-upon on av- 
erage m watershed cnitside (jj the 
critical .irea; 

(II) I and within the watershed will be 
deemed compliant with the density 
requirements if the lollowin'.: \\\o 
conditions are met : 

(la) I he density of ah existing and 
platted development meets the den- 
sity requirement when densities are 
averaged thnnighout the entire 
watershed area; 

(lb) AH new devektpment meets these 
density requirement on a project by 
project basis; 

(III) Clustenng of development al- 
lowed outside of cntical area on a 
project basis as follows: 

(la) Overall density of the project 
meets associated density or 
stonnvv,iter control reciuirements: 

(lb) Built-upon areas may only occur 
m uphind ,irea ol. project tlnit ij; not 
immedi.ilelv adjacent to^ water supply 
waters: 

(Ic) Remainder oi_ tract to remain in 
vegetated or natural state: 

(l\') n^ new development exceeds (me 
dwellint: unit per acre or twelve per- 



cent built-upon then development 
must control ninoff from the lirst 
inch of rainfall; deveUipment n<il to 
exceed .^1) percent built-upon area; 
(V) N\in-residential development may 
occupy a maximum o[ ten percent of 
total watershed area outside cM the 
cntical area; ui order to maintain 
over,ill density . non-residential i.level- 



opment shall ntil exceed 71) percent 
m:iximum on a project b.isis; to the 
maximum extent [ir.icticable. non- 
residential development should mini- 
mize i'>uilt-u|'>(m suHaces. direct 
stonriw,iter aw,iv Iroin sui1,ice w, iters 
and emi'>loy best iiKinagement jirac- 
tices Ui minimize water qiuilitv im- 
pacts; 

( \' 1 ) If l(K'al Lioveniments choose to 
allow develoiiinent reqiiirinti eiiLii- 
neered stormw.iter controls, then 
they will assume ultimate resj-ioiisi- 
bilitv lor operation :ind mainlen,tnce 
o[ the iLXj Hired controls ,as cHitliiied 
m Rule .llioatf) ot_ thus Subchapter; 

(\'ll) \'egel:itive butter will be m:iin- 
tained adjacent to all perennial 



4M 



5:6 AORTH CAROLINA RE(,ISTER Jime 15. 1990 



PROPOSED RULES 



Iributani-s; \\.icllh to be ik-termirn-'ii 



h\ adding 50 led to lour limes the 

pereenl slope': 
(\ 1 1 1 ) No pennanent striielLires u ill 

he huill m ijie \ euelatne biiller: 
(1\) Maintain in\ enton ot all ha/ard- 



ous materials used and stored in the 
watershed; spill lailure C(Mitainment 
plan and appropriate saleuuards 
aiiainst eiMitammation are reciiiired: 
appropnate rees elint; ol^ matenals is 
eneouraijed: 

(X ) No neu diseharniiiL! landfills are 
allowed: 
(ii) ("ritieal Area Nonpoint Souree I'ol- 

lution Control CnterKi: 

( I) Nt^ new sewer lines are allowed: 

( II ) No new mdii^lnal de\elo|iment is 
allowed: 

( III ) New de\ elopmenl limited to one 
dwellimi unit per two aeies or si\ 
pereenl hiiilt-uison area: 

(i\ ) U nex". de\ elopment exeeeds one 
dwelliim unit per tw(^ aeres or six 
peieeiil buill-upon area then de\el- 
opment must eontrol rniioll Irom the 
lirsi one iiieh o[ rainhill: de\ elopment 
not to exeeed 30 pereent huilt-upon 
area: 

(\') Minimum 100 leiol \eiietati\e 
hiiirer laiidw ard Irom normal pool 
ele\ alion arouiul resen dir. or izre:iter. 
dependinu u|"nin soil 1 \ pe and slope: 
slreani or n\er used as direet intake 
ha\e 



will 



minimum 



Ne-jetalne 



00 loot 

butler landw aid Irom 

stre.im bank lor a distanee o| _1_^ mile 
if watershed eomiTises less than 100 
sc|uaie miles otiierw ise one mile up- 
stream: it^ M_) plus tour times the |ier- 
cent slope r^ Lirealer than 100 leel 
then this \alue must be used as the 
width ot_ ijie bulfer: 
N( 



(\'l) 



hind apiilk ;ilioii oj. 



shidiie residuals is allowed: 



(\'ll I No new landfills are allowed: 
(\'ll 1 ) No ha/ardous material use or 
storaLie r- allowed: 
( (") fA^ Oilor ]iriHlueinu substanees eon- 
tained in sewage. m'n-|irtKess industrial 
wastes, or other wastes: only siuh 
amounts, whether alone or in eonibma- 
tion with other substances or wastes, as 
will mil cause: taste and odor difficulties 
in water supplies which cannot be cor- 
rected by treatment, impair the 
palalabilit) oi fish, or ha\e a deletenous 



eltect upon an\ best usage eslahlishetl lor 
waters ol this class; 

(1^) f44-^ i'henolic compounds: not greater 
than 1.0 ug 1 (phenols) to protect water 
supplies from taste and odor problems 
from due to chlorinated phenols; -. pi ' d i ic 
plK ' nolie compcHnul 'i may bt* gii ie n a 44- 
l e i e nt limit t4- t4- p. di. ' mon 'i lriitiL ' d H++4- t++ 
C(iu !. c ' tii 'i U ' rt«4 odor problomr . t+H4 m+4- k+ 
h^ di ' trim e nlal k+ oth e r K^ U '. iige: 

(I ) (4-^ .Sewage, non-process iiulusirial 
wastes, or other wastes: none winch will 
have an adverse ellect on human health 
or which are not elTectivcly treated to the 
satisfaction of the Commission and in ac- 
cordance with the rec]uirements of the 
ni\ision ot I l i ' allh Soiv icL" . . I n\ iron- 
mental 1 leallh. North Carolina Depart- 
ment of 1 l i i man I' le 'i OuiCL" . : 1 n\ ironment. 
I leallh, and Natural Resources: .ms 
discharger fvf iiulu '. trud U '^ i- ' r -. '■ ubjoct t+v 
prelrL ' iilmL ' nt ■. l. i ndiird -. ma\ be required 
upon request b\ the Commission to dis- 
close all chemical constituents present or 
potenliall\ present in their wastes and 
chemicals which couki be spilled or be 
present in runolf from their tacilit\ which 
may have an adverse impact on down- 
stream water supplies elassifieii WS-lll; 
these facilities ma\ be reciuired to ha\e 
spill and treatment failure eontrol plans 
as well as perform special nmnitoring for 
toxic substances: N 1 ' I ) I S waste\saler dis- 
charges to WS-lll waters are sub|ect to 

N(-\( 2H 



rec|uireiiients m 
.02()l(di( l)(C 



f\\ 



(1 ) (4-H 1 otal hardness: not greater than 

100 mg 1 as calcium carbonate; 
((i) f+4 lotal dissolved solids: not greater 

th.in .^00 mg 1: 
(11) (+4 I'oxic and other deleleriinis sub- 
stances: 

(i) Water cjualits' staiulards (maximum 
permissible 1l" . l ' 1 '. ) concenlratuMis) ti^ 
protect human health through water 
consumption and fish tissue ctmsump- 
luin \oT non-carcinogens m Class 
WS-lll waters: 

(I) Hanum: 1.0 mg 1; 

(II) Chloride: 250^ng 1; 

(III) Maiiiianese: ^250 ug 1; 
(1\') Nickel: 2.S ug 1: 

(\') Nitrate nitroszen: 10.0 mi: 1; 

(VI) 2,4-D: U)u\ig 1; 

(VII) 2,4,5-11' (Silvex): 10 u- 1; 

(VIII) Sulfates: ^^04^ 250 mg 1; 

(ii) Water qualitv standards (maximum 
permissible Ic i ol '' ) concentrations) tei 



5:6 ^ORTH CAROLINA REGISTER June L\ 1990 



4.U 



PROPOSED RULES 



protect human health through water 
consumption and fish tissue consump- 
tion for carcinogens in Class W'S-III 
waters: 

(I) BePvUium: 6.S ng 1: 

(II) Ben/ene: 1.19 ug 1: 

(III) Carbon tetrachloride: 0.254 ua 1; 



(IV) 
(\') 
(VI) 
(VII) 



4SS ue 



()-44,^ug 1: 
aromatic 



Chlonnated ben/enes: 
Dio.\in: ().(H)(1013ngl 
I le.xachlorobiitadiene: 
Pohnuclear 
h\drocarbons: 2.8 ng 1; 
(\'lil) TetrachJoroethane (1.1.2,2 
0.172 ug 1: 

(IX) TetrachloroethNlene: O.S ug 1; 

(X) Tnchloroethvlene: .VDS ut; 1: 
(XI) 



\'in\l Chloride: 2 ui; I: 



(XII) :\ldnn: 0.127 ngl: 

(XIII) Chlordane: 0.575 ne 1; 

(XIV) DDl': 0.588 ngl; 
(X\') Dieldnn: 0.135 nszl: 
(XVI) Ileptachlor: 0.2()8 mi 1: 

(T) Class WS-IV W aters. 
( 1 ) Best I saiic ot Waters. .Source of water 
^uppl\ tor drinking;. culmar\ . or lood- 



proce--sinL: purpoNCs lor those users \\ here 
a more pr(Mecti\e \\ S-1. W S-11 or WS-llI 
classitic.ilion i^ not teasihle and am other 
best Usage speciticd lor Class T \\ aters: 



(2) ('(nulitions Related to Best Csaize. Waters 
'ill 'h'^ class are protected as \\ aler supplies 
which are ueneralK m nnulerateK to 
hiLihK dexelopeLl watersheds or protected 
areas with a limited number of domestic 
wastewater disch.ir'jes and mdustnal dis- 
charL'es specihcalh appro\ ed bv the 
Commission: no new industrial discharges 
are allowed m the critical area: KxmI go\-- 
emmenls w ill encoura-jc pailicip.ition in 
the .\gncultural C "ost Share I'roizram and 
will be aware ol and, as the existinu laws 
allow . de\elop. implement, and entorce a 
comprehensu e nonpomt si^urce control 
pro'_:ram to reduce water pollutu'n Irc^n 
actnitK's w iihm the w":iiershed such as 
commercial and resKlenlial de\ elopment. 
torcstrx. landfills. minmL:. on-site sanitan 



sewaL'e sn stems w hich utili/e gr()und 
adsorption, toxic and ha/ardous materials, 
transpoiiation. aiul \s ater based recre- 
ation: the x'.aters. lollow ing treatment re- 
quired b\ the ni\ ision o| I n\ ironmental 
1 lealth. will meet the m:iximum contam- 
inant concentrations considered sale lor 
dnnkiii^. culmarN . or ItHHl-pnx'essing 
puiposes which are specified in the na- 
tuMial dnnkiu'j water re'-iiil.itiiMts and iii 
the N(.iilh Carolina Rules Cjo\erninL; 



Public Water Supplies. jO NC.AC lOD 
.1600: sources of water pollution which 
preclude an\ ot^ these uses on either a 
short-term or loniz-lerm basis will be 
considered to be \itilating a water quality 
standard; 
(}] (JualitN Standards .\pplicable to Class 
\\S-I\- Waters: 
(.\) Induslnal Wastes: no new discharges 

allowed within the cntical area: 
( B) Nonpcnnt Scuirce Pollution: none that 
w(Hi1l1 ad\ersel\ impact the waters lor use 
as water suppK or any other designated 
use; 

(i) N"onpi>int SiHirce P(^llution Control 
Critena for I ntire Watershed Or Pro- 



tected .\rea: 



( I ) Residential de\elopment must be 
limited to two dwellinii units per acre 
or 24 percent built-upon area on ay- 
era^e in the watershed or protected 
area outside ot cntical area: 

( II ) 1 and within the watershed or 
protected area will be deemed 
compliant w ith the densits' require- 
ments d Uie lollow iul: two coiulitions 
are met: 

( la) fhe densits of aU existing and 
platted de\ elopment meets the den- 
sit\ requirement w hen densities are 
a\ eraged throuiih(uit the entire 
watershed or protected area; 

( lb I All new de\elopment meets these 
densitN rei.|uirement on a project by 
project basis: 

( II 1 1 Clvisienng of i.le\ elopment al- 
lowed outside iM cntical .irea on a 
proiect b\ project basis w ith the lol- 
low inn conditions: 

( la) ( )\enill densit\ of the pniject 
meets associated i.lensii\ or 
stomrwater control rec|uirements: 

( I b I Biiilt-iipon areas ma\ onh occur 
ui iiplanLJ area oi_ pro|ect that ^ not 
immediateb at,l|acent [o water supph 
waters: 

( Ic I Rem:iinder o}. tract to remain m 
\e>:etated and natural state: 



( I\') new development exeeei.ls two 
dwellinL! units per acre or 24 percent 
built-upon area then de\ elo|''ment 
must control the runoll from the first 
one inch 'M raintall: de\ eloiimenl not 
to exceed "0 percent built-upon area; 

(\') h local L!o\ eminent s choose tc^ al- 
low de\ elopment reciuinnii engi- 
neereel stonnw.iter controls, then 
the\ will assume ullimate responsi- 



■/.v^ 



.v6 SORTH CAROLISA REGISTER Jiim- l.\ 1990 



PROPOSED RULES 



bility for operation and maintenance 
of the required controls as outlined 
in Rule .01()4(0 of this Subchapter; 

(VI) Veuetative buffer will be main- 
tained adjacent to all perennial 
tributaries; width to be determined 
by adding 50 feet to four times the 
percent slope; 

(VII) No permanent structures will be 
built in the veaelati\'e buffer; 

(\'lll) Maintain inventorv of all haz- 



ardous materials used and stored in 
the watershed or protected area; 
spill failure containment plan and 
appropriate safeguards atiainst con- 
tamination arc required; appropriate 
rec\clmu of materials is encouraiicd; 
(ii) ('ntical Area Ndnpoint Source I'ol- 
lution Control Cntcria: 



( I) New de\elopmcnt limited to one 
dwellint; unit per acre or f2 percent 
built-upon area: 

(II) If new de\elopment exceeds one 
dwelling unit per acre or 12 percent 
built -upon then development must 
control runoff from the first inch of 
rainfall; development not to exceed 
30 percent built-upon area: 

(III) Minimum 100 foot \et;etati\e 
buffer landward Irom nonnal pool 
elevation around rcser\(Mr. or greater, 
depending upon ■>o\\ t\pe and slope: 
stream or n\er used as direct intake 



must 



minimum 



100 



\egetati\e bulfer 



oot 

landward fnim 



stream bank for a distance of^^ J_^ mile 
if watershei.1 c(nnpnses less than 100 
square miles othcn\ise cMie mile up- 
stream: it 50 plus four times the per- 



cent slope [s greater th:in 100 feet 
then this \ :ilue shcuild be used as the 
width ol the buffer: 



(IV) N(^ land application of 

sludge residuals rs allowed: 
(\') Nti new landlills are allowed: 
(\ I) I l:i/ard(His matenal use or sttirage 
allowed i^ spill failure containment 
plan and appropn:ite safegu:irds 
against ct>ntamin:ition are in stalled: 
(C) Odor producing substances contained 
in sewage, industrial wastes, or other 
wastes: onlv such amounts, whether 
alone or in combination with other sub- 



stances or waste, as \m11 not cause taste 
and (HJor dilliculties in w:iter supplies 
which cannot he corrected b\ treatment, 
impair the p:ilat:ibilit\ of lish. or ha\e a 



deleterious effect upon any best usage es- 
tablished for waters of this class; 

(D) Phenolic compounds: not ^eater than 
1.0 ug; 1 (phenols) to protect water sup- 
plies from taste and odor problems due to 
chlorinated phenols; specific phenolic 
ct^mpounds ma\ be .given a different limit 
if it is demonstrated not to cause taste and 
odor problems and not to be detrimental 
to other best usage; 

(I;) Sewage, industrial wastes, or other 
wastes: n(me which will have an adverse 
etfect on human health or which are not 
elTeetivelv treated to the satisfaction of the 
C(^mmission and in accordance with the 
requirements of the Division of I nviron- 
mental Health. North Carolina Depart- 
ment of I nvironment, I lealth, and 
Natural Resources; an\' disch:trges or in- 
dustnal users subject to pretreatment 
standards must upon request bv the 
('ommission. disclose all chemical con- 
stituents present or potentially present in 
their wastes and chemicals which could 
be spilled or be present in runoff trom 
their facility which ma\ ha\e an adverse 
impact on downstream water supplies 
classified WS-IV: these facilities ma\" be 
required Ui have spill and treatment failure 
control plans as well as pertomi special 
nmnitonng tor t(>xic substances; NI'DI'S 
wastewater discharges within critical area 
are subject to treatment standards estab- 
lished bv LsA NCAC 2B ■()201(d)( 1 )(C); 

(I) I otal hardness: no\ greater than 100 
mg I as ealeium earbcMiate: 

(G) I otal dissolved solids: not greater than 
500 mg 1: 

(II) I'oxic and other deleterious suhst:inees: 
(i) Water (|u:ilit\ st.indards (maximum 

permissible concentrations) to protect 
human health through w:iter consump- 
tion and tish tissue consumption lor 
non-careinogens in Class \VS-IV wa- 



ters: 

(I) B:inum: 



1.0 mg 1: 
250 mg 



(II) Chlonde: 

(III) Manganese: 5[ 

(IV) Nickel: 25 ug 1 



UL 



(V) Nitrate nitrogen: 10.0 mg 1: 

(VI) 2.4-D: 100 ug 1: 

(VII) 2.4.5- IP (Silvex): 10 ug 1: 

(VIII) Sullates: 2.sO mg 1: 

(ii) Water quality standards (m:iximum 
pennissible concentr.itions) Ui protect 
human health through water c(Misump- 
tion and tish tissue consumption lor 
carcinogens in Class WS-1\' w;iters: 



5:6 NORTH CAROLINA REGISTER June /.>'. 1990 



4.U 



PROPOSED RULES 



(I) Benllium: 6.8 ng 1: 
III) Benzene: 1.19 Uiz 1: 
(III) Carbon tetrachloride: fl.254 ug 



(1\') (hlonnated hen/enes: 4SX ug 

(\') HioMn: D.ddODl.'^ ng 1: 

(\'l) Ilexaehlorobutadiene: 0.445 ugh 

(\11) 



I'oKnuclear 

h\"drocarbons: 2.S ng 1: 



aromatic 



(\1II) 



lelrachloroelhane ( 1.1.2.2): 



0.1 2 ug 1: 
I IX) letrachloroethNlene: 0.8 ug 1: 
(X) rnchloroeth\lene: .VOS ug 1: 
I .XI) \'invl Chlonde: 2 ug 1: 
( X 1 1 1 .Mdnn: 0.12- ng 1: 
fXllll Chlordane: 0.5^5 n.g 1: 
(Xl\') DPI: 0.5SS ng 1: 
(X\') Dieldnn: 0.1. V^ ng 1: 
(.X\'l) 1 leplachlor: 0.20S ng 1: 



(g} ff+ Class B Waters. 

Slatuton Authoritv 

l43-2l5.3iaji I). 



G.S. 



143-2 14. J; 



SECTION .0.^00 - ASSIGNMKNT OK SI RFAM 
CI.ASSIKICAIIONS 

.0301 C L.\SSIHC.\T10NS: GF.NKRAL 

(a) Schedule of Classifications. The classifica- 
tions assigned to the waters of the State of North 
Carohna arc set forth in the schedules of classi- 
fications and water quality standards assigned to 
the waters of the river basins of North Carolina. 
15A NCAC 2B .0302 to .0317 which are on file 
in the Otfice of the Attome\- General of North 
Carolina. These classifications are based upon 
the existing or contemplated best usage of the 
\arious streams and segments of streams in the 
basin, as determined tlirough studies and e\alu- 
ations and the holding of public hearings for 
consideration of the classifications proposed. 

(b) Stream Names. The names of the streams 
listed in the schedules of assigned classifications 
were taken as far as possible from Inited States 
Geological Sur\cy topographic maps. Where 
tiipograpliic maps were una\aiJablc. U.S. Corps 
of I'ngineers maps. l.S. Department of .Agricul- 
ture soil maps, and North C'arolina highway 
maps were used for the selection of stream 
names. 

(c) Classifications. The classifications assigned 
to the waters of North Carolina are denoted b\ 
the letters WS-I. WS-II. WS-III. WS-IV B. C. 
S.A. SB. and SC in the column headed "class.'' 
.\ brief explanation of the "best usage" for which 
the waters in each class must be protected is 
gi\'en as follows: 

fresh Waters 



Class WS-I: 



Class WS- ;^ II: 



Class WS- 14- III: 



waters protected as water 
supplies which are in na- 
tural and uninhabited 
watersheds: no point 
source discharges of 
wastewater are permitted: 
local nonpoint source 
control programs to con- 
trol nonpoint sources of 
pollution are required: 
suitable for all Class C 
uses: 



waters protected as water 
supplies which are gener- 
ally in natural aft4 unm 
habitod ef prcdomLinantly 
unde\eloped k*et- 

urbuni/.L ' d) watersheds; no 
point source discharges are 
permitted, except those 
discharges existing tfe- 
charge^ quulif . ing at the 
time of reclassification 



w hich qualih for a Cjen- 
eral Pcmiit according pur- 
suant to the recjuirements 
of 15A NCAC iU ,44+^4- 
2H .0127 specificalh- ap- 
proNcd by the Commis- 
sion: at- t4^ tim e t4 
clar . oification: and local 
Um*i managoment non- 
point s(Hirce control pro- 
grams to control nonpomt 
source pollution are re- 
quired: suitable for ail 
Class C uses: 

xvaters protected as water 
supplies which are gener- 
al 1\' in low to moderately 
developed (urbcmi/.jdi 

watersheds: discharges are 
restricted to primarily a 
limited numi^er c^ treated 
domestic wastewater (sew- 
age I or industrial non- 
process waters specitically 
appro\"ed b\ the Commis- 
sion: no new discharges arc 
allowed in the critical area: 



local 1t«4 mLinagL - mL ' iit 
nonpoint source control 
programs to control non- 
point source pollution are 
required: suitable for all 
Class C uses: 



43'> 



5:6 SORTH CAROLINA REGISTER June I >. 1990 



PROPOSED RULES 



Qaf^ WS 111: 



Class WS-IV: 



Class B: 
Class C: 

Tidal Salt Waters 
Class SA; 

Class SB; 
Class SC: 



water oupply LK'gmcnt wi4* 
ae- categorical rBritriotions 
»ft wat e rsh e d dovolopmont 
&f diiichargOLs LUiitublo fof 

■ill 1*1 '-i ■' t- I 1 1 .■i.lr:- ■ 

LlLl TirmTTTT TT" TTTTCrT7 

waters protected as water 
supplies which are aener- 
allv in moderately to 
hiizhly de\eloped 

watersheds; discharges are 
restricted to a limited 
numher of treated domes- 
tic (sewaiie) or industrial 
wastewater dischariies; no 
new industnal discharges 
are allowed m the cntical 
area; local nc^npoint source 
control proiirams U) con- 
trol nonpoint source pol- 
lution are required; 
suitable for all Class C 
uses. 



primap.' recreation and any 
other usage specified by 
the ''C" classification; 
aquatic life propagation 
and sur\i\al. fishing, 
wildlife, secondapi recre- 
ation, and auiculture. 



shclifisliing for market 
purposes and an\ other 
usage specified by the 
"SB" and "SC" classifica- 
tion; 

primary' recreation and any 
other usage specified by 
the "SC" classification; 
aquatic life propagation 
and sun.'i\al, fishing, 
wildlife, and sccondar)' re- 
creation. 



Supplemental Classificatitjns 



Trout Waters: 
Swamp Waters: 

NSW: 



Suitable lor natural trout 
propagation and mainte- 
nance of stocked trout; 
Waters which ha\c low 
\elocities and other natural 
characteristics which arc 
different from adjacent 
streams; 

Nutnent Sensitive Waters 
which require limitations 
on nutrient inputs; 



IIQW: High Quality Waters 

which are waters that are 
rated as excellent based on 
biological and 

physical/chemical charac- 
teristics through division 
monitoring or special 
studies, aU native and spe- 
cial native trout waters 
(and their tributaries) des- 
ignated by the Wildlife 
Resources Commission, 
all primary' nursery areas 
(PNA) designated by the 
Marine I-'isheries Commis- 
sion and other functional 
nursery areas recognized 
by the Wildlife Resources 
Commission or other ap- 
propriate agencies, all wa- 
ter supply watersheds 
which are either classified 
as WS-1 or WS-II or those 
for which a formal petition 
for reclassification as WS-I 
or WS-II has been recei\'ed 
from the appropriate local 
government and accepted 
by the Di\ision of linvi- 
ronmental Management 
and all Class SA waters. 

ORW: Outstanding Resource 

Waters which are unique 
and special waters of ex- 
ceptional state or national 
recreational or ecological 
significance which require 
special protection to 
maintain existing uses. 

(d) Water Onality Standards. The water qual- 
ity standards applicable to each classification as- 
signed are those established in I5A \C,\C 2B 
.0200, Classifications and Water Quality Stand- 
ards Applicable to the Surface Waters of North 
Carolina, as adoptcil by the North Carolina In- 
\ironmcntal Management Commi^Mon. 

(e) Index Number. 

(1) Reading the Index Number. The index 
number appearing in the column so des- 
ignated is an ideiUilication number as- 
signed to each stream or segment ot a 
stream, indicating the specific tributaPi' 
progression between the main stem stream 
and the tributarv" stream. 

(2) Cross- Referencing the Index Number. 
The inclusion of the index number in the 
schedule is to provide an adecjuate cross 



5:6 NORTH CAROLINA REGISTER June 15, 1990 



436 



PROPOSED RULES 



R'tercnce between the classification sched- 
ules and an alphabetic list of streams. 

(f) (Hassification Date. The classification date 
indicates the date on w hich enforcement of the 
pro\'isions of Section 143-215.1 of the General 
Statutes ot North Carolina became etfective with 
reference to the classification assigned to the var- 
ious streams in North Carolina. 

(g) Reference. Copies of the schedules of 
classifications adopted and assigned to the waters 
of the \arious ri\er basins may be obtained at no 
charge by writing to: 

Director 
Di\ision of rnvironmcntal Management 
Depart mjnt t4 Nalunil Ro 'i OurctT . 
aft4 Community Di. ' VL ' lopmL ' nt 
I')epai1ment of l'n\ironment. Health, and 
Natural Resources 
Post Office Bo.\ 276S7 
Raleigli. North Carolina 27611 
(h) Places where the schedules ma\" be in- 
spected: 

Division of State I.ibrarv 
.Vrchives -- State Librar>' Building 
109 li. Jones Street 
Raleigh. North Carolina, 
(i) I'nnamed Streams, 
(ll /Vny stream which is not named in the 
schedule of stream classifications carries 
the same classification as that assigned to 
the stream segment to which it is tributarv 
except: 

(A) uimamed streams specifically described 
in the schedule of classifications; or 

(B) unnamed freshwaters tnbutriPv \o tid;d 
saltwaters will be classified "C"; or 

(C) after November 1, 1986. any newly 
created areas of tidal saltwater which are 
connected to Class SA waters b_\' ap- 
pro\cd dredging projects will be classified 
"SC" unless case-by-case reclassification 
proceedings are conducted. 

(2) The following river basins have different 
policies for unnamed streams entering 
either states or for specific areas ot the 
basm: 

Hiwassee River Basin (Rule .0302): Little 
Tennessee River Basin and Sa\annah 
Ri\er Drainage .Area (Rule .0303): Prcnch 
Broad River Basin (Rule .0304): Watauga 
Ri\er Basin (Rule .0305); Broad River 
Basin (Rule .0306); New River Basin 
(Rule .0307); Catawba River Basm (Rule 
.0308); Vadkin-Pee Dee Ri\er Basin 
(Rule .0309); Lumber River Basm (Rule 
.(1310); Roanoke River Basin (Rule 
.0313); Tar- Pamlico River Basm (Rule 



.0316); Pasquotank River Basin (Rule 

.0317). 

Statutoiy AuihorUv G.S. 143-2/4. J: 143-215.1; 
l43-2l5.3ia)(l ). ' 



No 



oticc is hereby gh-en in accordance with G.S. 
1 SOB- 12 thai the Emironmcntal Management 
Commission intends to amend rule(s) cited as 
15.4 \C.4C 2B .0305. 



Th 



he proposed effective date of this action is 
Feht-iian I. 1991. 

1 he public hearing will be conducted at 7:00 
p.m. on .iugust 30. 1990 at Banner Elk Town 
Hall. Town of Banner Elk, Park Avenue, Banner 
Elk. .\orth Carolina. 



Co 



ommenl Procedures: .4 ll persons interested in 
this matter are invited to attend. Comments, 
statements, data, and other information may be 
submitted in writing prior to. during, or within 
thirty (30) days after the hearing or may be pre- 
sented orally at the hearing. Oral statements may 
he limited at the discretion of the hearing ofjicer. 
Submittal of written copies of oral statements is 
encouraged. For more information please contact 
Suzanne Keen. Dh\ of Environmental Manage- 
ment. P.O. Bo.x 2^6,.V7, Raleigh. .\.C. 2'76ll - 
[9191 ^33-50S3. 

SLBCIIAI'IKR 2H - SLRIACF W ATKR 
STANDARDS: MONITORING 

SL.CI ION .0300 - ASSIGNMKNT OF STREAM 
(I ASSII IC.MIONS 

.0.305 N\ A1 Al GA Rl\ KR H ASIN 

(c) Lhe \\'atauga Ri\er Basin Schedule of 
Classifications and Water Quality Standards was 
amended efic"cti\e: 

(1) August 12. 1979; 

(2) Lebniar\ 1, 1986; 

(3) October 1. 1987; 

(4) July 1. 1089; 

(5) .August 1. DOO; 

(6) December 1, 1990; 
(2) Lebniarv 1. 199L 

(f) Lhe Schedule of Classifications and Water 
QualilN' Standards for the Watauiia Rner Basm 
was amended eliecli\e l'ebniar\ _L 1 0^1 with the 
reclassitication o[ the Llk Ri\er [hulex No. 
S-22-( I )| from its source to Wildcat Creek m- 



4.r 



5:6 i\ORTH C.4ROLL\.4 REGISTER .June 15, 1990 



PROPOSED RLfLES 



eluding all tributaries except Sugar Creek from 
Classes C and C Trout to Classes B and B Trout. 

Statuloty Aulkoritv G.S. 1 43-2 1 4. 1; 1 43-2 1 5. 1; 
l43-2l5.3(a)(l). 

■k-k-ki^-k-k-k-k-k-k-k-k-k-k-k*** 



No 



otlce is hereby given in accordance Mith G.S. 
J SOB- 1 2 that the North Carolina Wildlife Re- 
sources Commission intends to amend rulefsj 
cited as ISA .\CAC JOB .01/9. 



1 he proposed effective date of this action is Oc- 
tober I. 1990. 

1 he public hearing will be conducted at 10:00 
a.m. on July 17, 1990 at Room 386, Archdale 
Building. S12 N. Salisbwy Street. Raleigh. \C 
27611. 



Co 



omment Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. In addition, the record of hearing will 
be open for receipt of written comments from July 
2, 1990 to August 1 , 1990. Such written com- 
ments must be delivered or mailed to the A'.C. 
Wildlife Resources Commission. 512 \. Salisbury 
Street, Raleigh. .\C 27611. 

CHAPIKR 10 - W II 1)1 II K RESOURCES AND 
W ATER SAKE TV 

SLBCIIAPIER I OH - IICNTING AND 
IRM'IMNG 

SECTION .0100 - GENERAL REGULATIONS 

.0119 WIIDLME COI 1 ECIORS 

(a) Collection I iccnscs. 1 he Fxecutive Direc- 
tor is authorized to license qualified individuals 
to take or collect any species of wildlife resources 
oth e r than »» except that endangered, e* threat- 
ened, special concern species. Fa stern 
diamondback rattlesnakes. Carolina p\ i:m\' 
rattlesnakes, and I'astcm coral snakes ma\' not 
be taken or collected. This Rule shall not pro- 
hibit an indi\'idual from killing an endangered, 
threatened, or special concern species, or an 
L astern diamondback rattlesnake, ("arolina 
pygmv rattlesnake, or lastem coral snake in de- 
fense of Im own life or the li\'cs of others without 
a pemiit. ' . ' pecier . e xc>.>pt t+K+t- indi'iidual - j Indi- 
\iduals who hold less than live reptiles or less 
than 25 amphibians not on the endangered, 
threatened or special concem lists and not in- 
cluding Iiastem diamondback rattlesnakes. 



Carolina pygmy rattlesnakes, and I-.astem coral 
snakes arc exempted from this license require- 
ment. Such license shall be issued upon payment 
of a fee in accordance to the General Statutes, 
except that licenses may be issued to represen- 
tatives of educational or scientific institutions or 
of governmental agencies without charge. Such 
license may be used in lieu of any other hunting 
or trapping license required by law and shall au- 
thorize possession and transportation of the 
wildlife incidental to the authorized taking, ex- 
cept that it shaU not authorize the taking, pos- 
session or transportation of any species of wildlife 
in violation of federal laws or regulations. 

Statutory' Authority G.S. 113-134: 113-272.4. 

•k'kk-k-k-k-k-k'k-k-kk-k-k-k'k'k'k 



1\ oticc is hereby given in accordance with G.S. 
I SOB- 12 that the EH.XR - North Carolina 
Wildlife Resources Commission intends to amend 
ndcisj cited as ISA NCAC IOC .030S. 

1 he proposed effective date of this action is No- 
vember 1, 1990. 



Th 



he public hearing will be conducted at 10:00 
a.m. on July 16. 1990 at Room 386. Archdale 
Building, S12 N. Salisburj' Street, Raleigh, North 
Carolina 2761 1. 



Cc 



omment Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. In addition, the record of hearing will 
be open for receipt of written comments from July 
I. 1990 to July 30. 1990. Such written comments 
must be delivered or mailed to the N. C. Wildlife 
Resources Commission. 512 N. Salisbwy Street, 
Raleigh. NC 27604-1 188. 

CHAl'lER 10-\\1II)IM E RESOURCES AND 
W AlKR SAKEIA 

SUBCIIAI'IER IOC - INLAND LISIIING 
REGULAIIONS 

SECTION .0300 - GAME FISH 

.0.^05 OPEN SEASONS: (REEL AND SI/E 
LIMIIS 

(b) Hxceptions 
(6) In the inland fi ' liiiig and joint waters of 
the coastal n\ers and their tnbutaries ex- 
tending upstream to the hrst 
impoundment or to the headwaters, if 
ununpounded, the daily creel limit for 



5:6 NORTH CAROLINA REGISTER June 15, 1990 



4iH 



PROPOSED RULES 



striped bass and their h\ brids is three fish: 
afi4 no striped bass between the lengths 
of 22 inches and 27 inches, both inclusive. 
ma\ be retained from April 1 through 
Ma\ 3 1 ; but no fish may be retained trom 
l^Wd to December M. 149f 



Mav 



te 



l+H^ I ' lounokL ' Ri' i or a«4 rt-s- tributuricj 
up '. trL ' am k+ \h>d dum *(■ RoanokL ' Rapid '. . 

4i^k* March Xirr 



Siatuion Auihoriiv G.S. 
113-304: 113-305. 



113-134: 113-292: 



■k*-k-k-k-k-k**-k*******-k 



No 



otice is hereby given in accordance wiih G.S. 
1 SOB- 1 2 that the North Carolina Wildlife Re- 
sources Commission intends lo amend tide cited 
as I5.\ SC.4C lOF .034~. 



Th 



he proposed effecli\'e date of this action is Oc- 
tober I. 1990. 

1 he public hearing will be conducted at 10:00 
a.m. on July 16. 1990 at Room 3S6. .irchdale 
Building. 512 \orth Salisbu/y Street. Raleigh. 
.\orth Carolina 2^61 1. 



Cc 



omment Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. In addition, the record of hearing will 
be open for receipt of written comments from .luly 
2. 1990 to July 31, 1990. Such written comments 
must be deln'ered or mailed to the \.C. Wildlife 
Commission. 5/2 Sorth Salisbury Street, Raleigh. 
SC2~61I. 

SI HCIIAI'IKR lOF-MOrOKHOAIS AM) 
W ATER SAFETY 

SECTION .0.^00 - LOCAL ^^ ATER S.VFETV 
RK(;LL\ LIONS 

.0.U7 CR.WEN COLNIA 

(a| Regulated /Vreas. This Rule applies to the 
following waters in Craven County: 

(Ij that portion of Northwest Creek between 
the entrance buoys at I'airileld Harbour 
Marina and the mouth of .Spnng Creek, 
and to all of Spring Creek, including the 
bulkJicaded area of ['airfield Harbour, in 
Cra\en County: 

(2) that area of water between the entrance 
buoys of the Oldc Towne I ake. from the 
Trent River and mcludini: all of Olde 



(3) 



(4) 



Towne Lake and the bulkhead area of 

Olde Towne Harbour itself 

Matthews Point Marina. That triangular 

portion within 300 feet on either side and 

150 feet straight off of the main pier at 

Matthews Point Marina located on 

Clubfoot and .Mitchell Creeks, at the end 

ot SR 1711 in the Harlowe area of Craven 

County: 

that area of water within 50 Nards of the 

tucl dock at I'astem C^irolina Vacht Club. 



(b| Speed Limit. No person shall operate any 
\essel at greater than no-wake speed within the 
retaliated areas described in Paragraph (a) of this 
Rule. 

(c) Placement and Maintenance of Markers. 
1 he Board of Commissioners of Cra\cn County 
is hereby designated a suitable agency for place- 
ment and maintenance of the markers imple- 
menting this Rule, subject to the approval of the 
L nited Stales Coast Guard and the L'nited States 
Arm>' Corps of Lngineers. 

Siaiutoty .Authority G.S. '^5.1-3: o'.(-/5. 



No 



otice is hereby gti'en in accordance with G.S. 
I50D-12 that tlie \orth Carolina Wildlife Re- 
sources Commission intends to amend tides cited 
as 15.1 .\C.iC I OH .0/0/ - .0/09. 



Th 



he proposed cffecti\e date of this action is Oc- 
tober /. /990. 



Th 



he public hearing will be conducted at /0:00 
a.m. on July /". 1990 at Room 3S6. .irchdalc 
Building, 512 \orth Salisbury Street, Raleigh, 
\nrth Carolina 276/1. 

C omment Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. In addition, the record of hearing will 
be open for receipt of written comments /rom Jidy 
2, 1990 to ,4ugust /. 1990. Such written com- 
ments must be delivered or mailed to the S .C. 
Wildlife Commission. 5/2 .\orth Salisbuiy Street, 
Raleigh. \C 2^,1/ . 

SI U( ILM'IEK lOII - RL(;i L\LEI) ACLIMLIES 

SECTION .0100 - CON I ROLLED lU NTING 

I'RESEKNES FOR DOMESIK \IIA R \ISED 

GVME BIRDS 

.0101 LICENSE TO OPEKAIE 



4.^9 



5:6 AORTH C.4ROL[.\.4 REGLSTER June 15, 1990 



PROPOSED RULES 



A controlled r . hooting hunting preserve license 
shall entitle the holder or holders thereof, and 
their guests, to kill or take, during an extended 
season, starting October 1 and ending March 31, 
on such preserves by shooting only, and without 
regard to sex or bag limits, domestically-raised 
pheasants, chukar partridges, Hungarian 
partridges, domt'r . tic Mallard ducks (as defined 
by the United States I'ish and Wildlile Ser\'ice) 
or other game birds, except uild turkey. Appli- 
cation for controDed ohouting hunting preserve 
licenses shall be made on standard forms obtain- 
able from the commission. Applicants must be 
prepared to show satisfactory proof of ownership 
of the land contained in the proposed shooting 
hunting prcser\'e or that they have this land un- 
der proper lease for the duration of the license 
period. 

Statutoiy Authority G.S. 113-134; 113-273. 

.0102 KSr.AHI.lSHMKM .\\n OPKRATION 

(a) Size of Preserve. Controlled r . hooting 
hunting preser\'cs licensed under these regu- 
lations shall consist of not less than 100 acres nor 
more than 1,000 acres and shall be in one block 
of land. 

(b) Boundary' of Prescr\c. The boundar\' of 
each controlled r . hooting hunluig preserve shall 
be posted with printed signs supplied by the pre- 
serve owner with wording and sign size according 
to a sample provided by the Wildlife Resources 
Commission, to t4w lioL'n ' JOt ' at- cor . t. Iher .e r . igns 
> ihull fen* valid fof only t+H* r .i^ ar . on ir . r . u e d, af>4 r . hull 
ftB4- be ur . od fof a«¥ other purpo ' . . L'. Signs shall 
be of two types: 

(1) those facing outward from the boundan,' 
to prevent trespass; and 

(2) those facing inward from the boundan,' to 
confme preserve f i hootirr . hunters inside 
the preserve. 

Fach set of signs shall be spaced at intervals of 
not more than 150 feet apart. All boundary' signs 
must be posted not later than September 4-^ Jjl 
to pro\ide time for inspection and issue of license 
to operate by October 1. Applicants not desiring 
the license by October 1 ma)' delay posting to not 
later than 44 20 days prior to date of license. 

(c) Stocking Preserve with Game. An appli- 
cant for a controlled ' jhooting hunting preserve 
license shall present satisfactor)' evidence of his 
ability to raise, or purchase, for release on the 
preserve during the year at least the minimum 
number herein designated of each species he 
plans to advertise as being available on his pre- 
serve for hunting in accordance with the follow- 
ing formula; 



( 1 ) ring-necked pheasants (and other nonna- 
tive game birds except Mallard 
ducks)-- 100 birds of each species for each 
100 acres, or fraction thereof, included in 
the preserve; 

(2) bobwhite quail--2,000 quail for the first 
200 acres, or fraction thereof, and 500 
quaU for each additional 200 acres, or 
fraction thereof, included in the r . hooting 
hunting preserve; 

(3) .Mallard ducks (one generation removed 
from the wOd)-- ho- 1 00 minimum fe- 
quiromcntr.. for each preserve. 

Slatutofy Authority G.S. 113-134: 113-273. 

.0103 I ABRl.ING 

When any person takes bobwhito quail, game 
birds, it shall be unlawful to remo\e such birds 
from the r . hooting hunting preserve or to possess 
the same thereafter unless the entire bag of such 
birds is packaged and marked with a label pro- 
vided by the r . hooting hunting preserve operator. 
Such label shall contain: 

(1) the name and address of the shooting hunt- 
ing preserve, 

(2) the name and address of the possessor of the 
bird carcasses, 

(3) the number of bird carcasses contained 
therein, 

(4) a statement that the package may be opened 
for inspection by an enforcement officer, and 

(5) the signature of the preserve owner or oper- 
ator. 

The said package must be accompanied at all 
times by the hunter's receipt completed and 
signed by the preserve operator or his agent as 
described in Rule .0105 of this Section. 

Statutorv Authority G.S. 113-134: 113-273; 
113-274. 

.0104 Ql Al.nV 0( BIRDS KKI.KASKI) 

All birds purchased or raised for release on 
r . hooting hunting preserves shall be health\ and 
free from di.sease. of »«¥ kind »t- delvrmint ' d W 
examination »h4 inr . p e clion by t+H* Wildlile -Re- 
r . ourcL' !. Commir . r . ion. Possession of unhealthy 
or diseased birds will be justifiable grounds for 
revocation or denial of a controlled r . hooting 
huntinL! preserve license. 

Stalutoty Authority G.S. 1 13-134; 1 13-273. 

.0105 KK.COKDS RKQl IKKI) 

The licensed operator shall maintain ,1 daily re- 
cord on forms pro\'idcd bv the preserve oiier.itor 
accc^rding to a sample prov ided ett- fcO*4- b\ the 



5:6 NORTH CAROLIN.A REGISTER June 15, 1990 



440 



PROPOSED RULES 



Wildlife Resources ("ommission of each hunter 
using the controlled j. hdoting hunting preserve. 
I'his record shall bear the name, address, and li- 
cense number of the presen'e; the name, address, 
state hunting license number of each hunter using 
the preser\e, the date of the hunt, and the num- 
ber of each species of game bird ef animal killed 
by the hunter on the preserve. The record shall 
bear the signature of the operator of the preser\e 
and shall be prepared in triplicat e : duplicate: the 
onginal to be gi\en to the hunter to serve as a 
receipt tor birds killed on the preser\"e. thr? 1+Ft+ 
copy k+ t»e mail e d te- tl+e Wildlife' Rij 'i OurCL ' f . 
(ommi 'i'i ion l*¥ tl+e 10th tkty h4 e ach month fof 
tht* pruct'dinu month ;■ -•rtk' t+f huntina pn' . ilc ' gLV . . 
and the romammg duplicate cop\ to be retained 
by the licensee for J_2 months and shall be open 
for inspection bv authon/ed C'ommis^ion per- 
sonnel upon demand- 44- »«■ hunter^ m^ uccom 
modatL ' d dunng rtftv month t*f tl+e '. uaion. a 
ncaatp t o report vrtH- br» mail e d k* t4+e U'ildlil e 
Rl'"Ouii.O '. Commi ' ^iiin ' .'. ilhin t^» day; i Icillov . ing 
t4^ ki^t tkHr e4 ri« month. It is unlawful for a 
person to possess nati\e or nonnati\e game birds 
killed on controlled iihooiing huntinsi preserves, 
unless the said birds are accompamed by an ap- 
pro\ed receipt as described in this Rule. The 
licensee shaU m;iintain a daih" record of each 
game bird species liberated on the presen,'e. This 
record shall be open for inspection by authorised 
commission personnel upon demand. rtft4 a 
copy evf t44-i record '' hall be ii ubmittod monthly 
t** (4+e WildiitL' RL'iHiurco ' j Cnmmi ''' jion, Archdid e 
Building. ^i44 North .SaLi 'i buiy Stroot. Ral e igh. 
North Carolina 2~^l 1. U ft** bird ', afe r e lea '.e d 
Lluring aftv month nf 4+e "L'ii ' ion. a UL - gatP i o roport 
•■ hall be ^■ ubinitli ' d. I omT . ti-n= recording releu 'i L - 
data Vr+H- be proi . idud at et+*+ by the conmii -' "ion. 
Representati\es of the commission shall be per- 
mitted to enter the premises at reasonable times 
tor inspection, enforcement, or scientific pur- 
poses. 

Siaiuion- Auihorhv G.S. 113-134: 113-273: 
II3.2"4. 

.0106 Ml N riN(; I ICKNSK KKQl IRKD 

I'\er>' person hunting on a controlled "hooting 
huntini; preserve shall ha\e in his possession a 
proper resident or nonresident hunting license or 
a special controlled '. hooting hunting preserve 
hunting hcensc for the current year as required 
by law. 

Slaimon- .lul/ioniy G.S. 1/3-/34: // 3-2^0.2: 
/ 13-2" 3. 



OPKR.VIE 

In accordance with provisions of G.S. 
113-276.2, the WiJdlile Resources Commission 
may revoke or suspend the license of any -. hoot 
Hw hunting preserve operator upon violation of 
these rules and regulations. When there is evi- 
dence of such a violation, the executive director 
or his designee shall give the said operator 20 
days notice in writing to show cause to the exec- 
uti\e director or his designee \\h> said license 
should not be suspended or re\ oked. 

Siatutorj- Aiulioriiv G.S. /1 3- 134: 113-273; 
ll3-2~6.2. 

.0108 BIRD FKKDKRS 

(a) Purpose of Rule. The purpose of this Rule 
is to prescribe criteria governing the numbers, 
t_\ pes and locations of bird feeders on controlled 
' - ' hooting hunting preserves in the \icinity of 
which proper!)" licensed hunters ma_\ take game 
birds as pro\ ided by law. 

(b) Number of Feeders. The maximum num- 
ber of bird feeders which ma_\ be placed on any 
controlled f . hooling hunting preserve shall not 
exceed one for each 25 acres of land contained 
within the boundanes of the preserve. 

(c) T\pes of I'eeders. I'or the purposes of this 
Rule, bird feeders may be either of commercial 
design or of domestic manufacture. pro\ided that 
in either case they are not designed to disperse 
grain or other food on the ground around the 
feeders and are sheltered so as to protect such 
grain or food from dampness and precipitation. 

(d) location of I'eeders. Tor the purposes of 
this Rule, no bird feeder shall be placed within 
ln(i yards of any boundary of a controlled 
^■ hooting hunting preserve: otherwise the original 
locations of such feeders shall be in the discretion 
of the ' iiooting hunting preserve operator. 

(e) Map .Showing locations. Before any per- 
son shall be allowed to take game birds m the 
\ icinity of a bird feeder, a reasonably accurate 
map delineating the boundaries of the controlled 
i ' hooting hunting preserve and accurately depict- 
ing the locations of all bird feeders contained 
within such boundaries shall be provided annu- 
ally to the Wildlife Resources Commission. Af- 
ter such map has been so provided, no additional 
bird feeder shall be placed on any controlled 
I' hooling hunting preserve and no such bird 
feeder shall be mo\ed from the location shown 
on such map during the license season unless an 
amended map is filed with Dixision of game 
\\ ildlife Management and appnned prior to re- 
location- 



.0107 Rt\ OC-\I ION Ol LICtNSL I O 



StatutoiT Aui/writv G.S. / 13-134; 113- 



441 



5:6 NORTH CAROLI.VA REGISTER June 15, 1990 



PROPOSED RULES 



.0109 QUAIL CALI -PF.N TRAPS 

(a) Permit Required. A licensed controlled 
shooting luinting preserve operator who releases 
pen-raised quail for hunting or dog training pur- 
poses may apply to the Wildlife Resources 
Commission for a permit to operate one or more 
quail call-pen traps in accordance with the re- 
quirements of tliis Rule for the purpose of re- 
covering any such quail that are not killed. Such 
application shaU be made on a form supplied by 
the commission which shall contain such infor- 
mation as may be required by the executive di- 
rector and which shaU be accompanied by a 
rea.sonably accurate map delineating the bound- 
aries of the controlled ' jhooting hunting preserve 
and indicating the proposed location of each 
call-pen trap to be located thereon. 

(b) Term of Permit. The permit required by 
Subsection (a) of this Rule shall become vahd 
upon registration of a call-pen trap as recquired 
by this Rule and shall expire coincident with the 
expiration of the license of the controlled f . hoot 
iftg hunting preserve. No call-pen trap shall be 
utilized before the open ti huoting hunting pre- 
serve season or until it has been registered. 

(c) Location of Traps. No quail call-pen trap 
shall be located witliin 100 yards of any external 
boundary of the - ihooting hunting preserve, and 
no such trap shall be relocated after registration 
during the term of the current f . liooting hunting 
preserve Ucense. 

(d) Number of Traps. The number of quail 
call-pen traps shall be limited to one for any 
controlled ' iliooting hunting preserve containing 
less than 300 acres, two for any preserve con- 
taining 300 or more acres but less than 600 acres, 
and three for any preserve containing 600 acres 
or more. 

(e) Registration. After construction and prior 
to use, each call-pen trap shall be provided with 
a registration card which must be securely at- 
tached and \isibly dispia\ed on the trap. 

Statmoiy Aullunilv G.S. 1 13-LU: 1/3-29/./. 



n 



HI LK 20 



DI.PAR IMKM OF SI A IE 
IREASl RIR 



No 



oticc is /icrchy i^hrn in accordance wil/i G.S. 
/50B-/2 l/u2l llic Loca/ Government Commission 
intends to atnend nilc cited as 20 SCAC 3 .0/ /2. 

1 /le proposed effective dale of this action is Oc- 
lol?cr /. /990. 



lie public hearing will be conducted at 10:00 
a.m. on July /7, /990 at Conference Room, Room 
/GO, Albemarle Building, 325 North Salisbury 
Street, Raleigh, .Worth Carolina 27603-1388. 

(_ omment Procedures: A written copy of the 
comments will be required of all persons wishing 
to speak at the Public I/earing, '/'he hearing pe- 
riod will remain open for written comments until 
.July /9, /990. Written comments shoidd be sent 
to the AP.'i Coordinator at the address above. 

CHAPTER 3 - LOCAL GO\ ERNMENT 
COMMLSSION 

SECTION .0100 - (;ENEKAL PROVISIONS 

.0112 lEES 

(a) The following fees shall be charged for ser- 
vices rendered or to be rendered for each category 
of bonds and notes set forth: 

(1) Bonds sold pursuant to CIS. 1 151- - 
?2..-SOO.()0 

(2) fif Bonds sold pursuant to G.S. Chapter 

131 A - $2,500.00 

(3) fH Bonds sold pursuant to Ci.S. Chapter 

l.S<)B - $5,000.00 

(4) f4f Bonds sold pursuant to G.S. Chapters 

1S')C rt«4 44U»- $1,000.00 
Bonds sold bv the North Carolina Indus- 
trial i'acilities and I'c^lluticm ( 'ontrc^l I i- 
nancing .Xutliontx pursuant to G.S. 



ill 



Chapter 15'-)D (per pailicipant) - $400.00 

(6) /Ml other bonds sold pursuant to G.S. 
Chapter 150n - $1.000.00 

(7) Bonds sold pursuant to G.S. 1501 - 
$2.500.00 

(S) f5-> All notes issued in anticipation of issu- 
ance of a bond for which a fee is set forth 
herein - $500.00 

(2i ^ A41 othL ' r ro' . LMuio bond ' j Other issues 
of debt receiving commission appnnal. 
(ither than general obligation hi)nds - 
$2,500.00 

(b) In addition to the lees set forth m (his Rule, 
all travel and subsidence incurred, and all mate- 
rial amounts of other expenses, e.g. telephone 
and postage, incurred shall be for the account of 
the issuer. «+ t+n* '■ ecuritii' i i. When paid by the 
state, they shall be billed to the issuer. h+' t+tf 
ji i ' curitio !' . 

(c) In addition to expenses pursuant to Para- 
graph (b) of this Rule, the following fees shall he 
charged for the serv ices set fortli herein: 

(1) .\p[irovals to counties pursuant to (J.S. 
105-4S7(c) - $250.00 



5:6 NORTH C.4ROLIISA REGISTER .liine 15, 1990 



442 



PROPOSED RULES 



(2) Approvals to municipalities pursuant to 
G.S. 105-487(c) - $250.00 

(3) Approv'als of installment purchase c(^n- 
tracts under (j.S. I60A-20 where no pub- 
lic oftenniJ is proposed - S25l).Ot) 

(4) Approvals of mstallment purchase con- 
tracts under Ci S 160 A -20 uhere a public 
offenni:. including but not limited tc^ cer- 
tificates of participation, is proposed - 
S2. 5(10. (II) 

Slalutoty Authority G.S. l59-3(f); 159-6. 

TITLE 21 - OCCIPATIONAL LICENSING 
BOARD 

i\ otice is hereby given in accordance with G.S. 
I50D-I2 that the Sorth Carolina Board of Phys- 
ical Therapy Examiners intends to amend rules 
cited as 21 SC.iC 4S.4 .000 J; 4SB .0002; 4SC 
.0101 - .0102. .0501: 4SD .0003. .0005 - .0006: 
4Sf: .0/03: 4SF .0002. 

1 he proposed effecti\-e date of this action is De- 
cember J. 1990. " 



Th 



he public hearing will be conducted at 1 1 :00 
a.m. on .August 2. 1990 at 900 Ridgejleld Dri\e, 
Suite 250. Raleish. .\orth Carolina 2^609. 



c 



omment Procedures: Interested persoiu may 
present their views either orally or in writing at the 
hearing. In addition, the record of hearing will 
be open for receipt of written comments from ./uly 
2. 1990, to 5:00 p.m. on .-iugust I. 1990. Such 
written comments must be delivered or mailed to 
Constance Peake. \.C. Board of Physical Ther- 
apy Examiners, 2426 TiTon Road, Durham. .\ .C. 
2'''05. 

CIIAI'IKR 4X - HOARD OF PHYSICAL 
IIIKRAI'^ K.XAMINKRS 

SI B( II M'IKR 48A - ORf;AM/Ari()N 



(b) Fxamination Required. Only those per- 
sons initially licensed in another state by \irtue 
of examination will be considered for endorse- 
ment. Only the following examinations will be 
considered: 

(1) For l*h\sical Therapists: 

(A) Therapists licensed on the basis of a 
PT exam must present scores eft it that 
meet the North Carolina passing level. If 
adequate scores and information are not 
available from the other state, the Board 
may ask the applicant to have his scores 
issued through the appropriate testing 
ser\'ice. If f i Corc 'i , ! the score on »«# ef tv^e 
partr . an\ part of the examinatiim afe is 
unsatisfactory, the p«rt ef part ', exam 
must be repeated. If the total score or 
three parts are failed, the entire examina- 
tion must be repeated. The cost of fe- 
pouting the examination will be paid by 
the applicant. 

(2) I'or Physical Therapist Assistants. Only 
those physical therapist assistants licensed 
in another state b\' a PI A exam wiU be 
considered for endorsement. The exam- 
ination score must meet the North 
Carolina passing level. If not, the appli- 
cant wUl be required to ropoat t+w* e xam 
ination take the P T.A exam and pay the 
cost of the examination. 



Statutory .Authority 

90-2~0.31(bi: 90-2W.33. 



G.S. 



90-2^0.26: 



SI BCIIAI'IKK 48C - SCOI'K Ol I'inSIC.VL 
lllKRAl'V I'RACTICK 

SECTION .0100 - I'lnSlCAL TIIER.VPISTS 

.0101 I'KRMITTED PRVCIICE 

(c) A physical therapist must super\'ise physical 
therapist assistants, physical therapy aides, PT 
graduates, afttt PI.V graduates, PT students and 
P r.\ students only to the extent required under 
the Ph\ Sical rherap\' Practice .Act and these 
Rules. ' 



.0001 N.VMK \M) I.OCAIION 

The North Carolina Board of Physical Therap\ 
Examiners has its records at 2426 Tr\"on Road, 
Durham. North Carolina 27705, telephone (910) 
l^^ i "Ml. 40ii-6,^).\ The executive secretar> 
will be available there b\ appointment. 

Statutory .Authority G.S. 90-2''0.26. 

SI HCIIAP IKR 4SB - TM'KS OF I ICFNSFS 

.0002 LICENSES in ENDORSEMENT 



Siaiutoty .Authority G.S. 90-2^0.24: 90-2W.26. 

.0102 RESPONSIBILITIES 

(d) The physical therapist ma\ delcLiate appro - 
pnale super\isor\ responsibilities to ph\ sical 
therapist assistants, but the supervising phv ^ical 
therapist is resptmsjble for i.lctenmnin'-: that the 
I' 1 or 1' I .\ student 1J^ working under appropriate 
superMsion at all times. .\ ph) Mcal thcrapU ' t 
licensee v\ho supervises a PI graduate or PI A 
graduate must be present in the facility when 
patient care activities arc undertaken. 



443 



5:6 NORTH CAROLISA REGISTER June 15, 1990 



PROPOSED RULES 



Statutory Authority G.S. 
90-270.3/; 90-27034. 



90-270.24; 90-270.26; Slatulory .iuthoritv C.S. 90-270.26; 90-270.33. 



SKCTION .0500 - PHYSICAL THERAPY 
STUDENTS 

.0501 EXEMPTION FOR STUDENTS 

(a) Students enrolled in educational programs 
that are either accredited or are candidates in 
good standing for accreditation by an agency re- 
cognized by either the U.S. Office of Education 
or the Council on Postsccondary y\ccreditation, 
are included in the exemption from licensure 
contained in G.S. 90-270.34(a)(l) while com- 
pleting a clinical requirement for graduation. 

(b) While completing the clinical requirement, 



the student must be supervised by a licen.sec who 
is present in the facility when patient care activ- 
ities are undertaken. 

Statutory Authoritv G.S. 90-270.26(1); 
90-270.29; 90-270.34(aJ( /). 

SUBCHAPTER 48D - EXAMINATIONS 

.0003 NOTICE OF EXAMINATION 

(b) E.xaminces. Written notice of time, date 
and place of examination aft4 e xamincition W^ 
numbor v\il] be sent to each person scheduled to 
take the examination. 

Statutory Authority G.S. 90-270.26; 93B-8{b). 

.0005 EXAMINATION SCORES 

(c) Transfer of Scores. Scores will be released 
as foUows: 

(1) lo an individual who took the examina- 
tion in North Carolina at liis request and 
with no charge; 

(2) lo licensing Boards in other states upon 
the request of the indi\ idual and the pay- 
ment of the fee; licensure information may 
be mcluded with the score release; 

(3) To other persons or institutions upon the 
request of the individual. it«4 tW ptty 



.0006 NOTIFICATION OF EXAMINATION 
RESULTS 

(b) North Carolina Educational I'rograms. 
After each examination the North Carolina edu- 
cational programs that had graduates taking the 
examination in North Carolina will be sent tb* 
scores, ft+f wH- thi ' ir gruduato j. with He- id e ntificu 
tioft numlicr ef idfiUifying name, but identifica- 
tion numbers and names will not be included. 



The North Carolina passing level and the cumu- 
lative data for the exaininaticm wiU be included. 

Slatutofy Authority G.S. 90-270.26. 

SUHCHAPIER 48E - APPLICATION FOR 
LICENSURE 

SECTION .0100 - REQUIREMENTS 

.010.? REFERENCES 

Two character references are required from in- 
dividuals other than relati\es who ha\e known 
the applicant for at least one year. 

Statutory Authority G.S. 90-270.26; 90-270.29; 
90-2W.3/(bl. 

SUBCIIAI'IER 48F - ( ER HFICA I ES: FEES: 
IN\KSri(;AIIONS: RECORD OF UK ENSUES 

.0002 FEES 

(a) The following fees are charged by the 
Board: 
{-Wj computer piint out *+f labL ' h i t4 tmy por 
t+H« H+ Ih4 «+ phy ^' ical ihL ' nipi '. t i. *h4 
phv i icul thurapiLit U ' .ioir i tant i. , r . ixty dolktrti 
($60. DO); 
(-+-I4 ( 10) computer print-out or labels of any 
portion of list of phN sical therapists, foi1v 
dollar -, ($11). 00); sixtv dollars ($60.00); 

Statutory Authority G.S. 25-3-5/2; 90-2^0.33. 



5:6 NORTH CAROLINA REGISTER Juiu- 15, 1990 



444 



FINAL RULES 



I he List of Rules Codified is a listing of rules that were filed to be effecti\'e in the month indicated. 

iXules filed for publication in the SCAC may not be identical to the proposed text published pre- 
viously in the Register. Please contact this office if you ha\'e any questions. 

/idopted rules filed by the Departments of Coirection. Revenue and Transportation are published 
in this section. These departments are not subject to the provisions of G.S. I SOB, Article 2 requiring 
publication in the S.C. Register of proposed rules. 

(J pon request from the adopting agency, the text of ndes will be published in this section. 

lunctuation. typographical and technical changes to ndes are incorporated into the List of Rules 
(.odificd and are noted as * Correction. These changes do not change the effecti\'e date of the rule. 



TULK 17 - DKPAR IMKM OF REVKM E 

CHAPTER 4 - I.ICKNSF AND KXCISE TAX DIVISION 

SI IK HAI'IER 4B - IICKNSF, TANKS 

1 he Department of Revenue transferred and recodified the following rules to comply with legislative 
changes effective July 1, 1990: 



17 NCAC 


4B .0304 


to 17 NCAC 


4B .0313 




.1102 


to 


.450 1 




.1202 


to 


.4502 




.120.^ 


to 


.4503 




.1708 


to 


.4504 




.1902 


to 


.4505 




.2602 


to 


.4506 




.2603 


to 


.4507 




.2604 


to 


.4508 




.2605 


to 


.4509 




.2108 


to 


.4510 




.2110 


to 


.4511 




.2111 


to 


.4512 




.2112 


to 


.4513 




.2202 


to 


.4514 




.2203 


to 


.4515 




.2204 


to 


.4516 




.2205 


to 


.4517 




.2207 


to 


.4518 




.2801 


to 


.4519 




.2802 


to 


.4520 




.2804 


to 


.4521 



SF.( HON .0100- (;KNKKAI AnMINISIKAIION 
.010.^ SKASONAI lU SINKSS 

Ilistoiy \ote: Statutory Authority G.S. 105-33: 105-262: 
Tff. Febniary /. /y^^,- 
Amended Iff. AprU I. /WO: October 30. I9SI: 



445 5:6 NORTH CAROLINA RECUSTER .fime 15, 1990 



FINAL RULES 



Repealed Eff. July /, 1990. 

.0110 LOCATION WITHIN MILE OF TWO CITIES 

History Note: Statutory Authority G.S. 105-33; 105-262; 
Eff. June II, 1977; 
Repealed Eff. July I, 1990. 

SECTION .0300 - AMLSEMENTS NOT OlIIERWISE TAXED 

.0308 DRAG STRIPS 

A drag strip operation for which an admission is charged to the spectators would be subject to liabihty 
under G.S. 105-37.1. The license fee under this Section is treated as an advance payment upon the 
three percent gross receipts tax due on such admission charges. T'orm B-205, Report of Gross Receipts 
Tax, is due monthly, not later than the tenth of the month. When a drag strip is operated where 
spectator fees are not charged, but a fee is charged to the individuals for the use of the track for their 
own entertainment, liability would be due under G.S. 105-102.5. 

History Note: Statutory Authority G.S. 105-37.1; 105-262; 
Eff Februarv I. 1976; 
Amended Eff July I, 1990. 

.0309 GO-CART RACES 

(a) If a go-cart race is conducted for which admission is charged to spectators, such event would be 
subject to liability for license and three percent gross receipts tax under G.S. 105-37.1. 

(b) If a person operates a go-cart track where races are not conducted, but rents go-carts to others 
for use around the track, such place of amusement would be subject to license under G.S. 105-102.5 

History Note: Statutory' Authority G.S. 105-37.1 ; 105-262; 
Eff. February I, 1976; 
Amended Eff July I, 1990. 

SECnON .0500 - AMLSEMENTS: CARNI\ AL COMPANIES: E IC. 
.0501 LOC.\TION AND DATE 

Historv Note: Statutory Aulhority G.S. 105-39; 105-262; 
Eff Februan' I, 1976; 
Repealed Eff July I, 1990. 

.0503 REPORT OF GROSS RECEIPTS TAX 

History Note: Slatutoty Aulhoritv G.S. 105-39; 105-104; 105-262; 
Eff Febmarv 1. 1976; 
Repealed Eff July I. 1990. 

.0505 NO ADDITIONAL PRI\ ILEGE LICENSES 

History Sole: Statutory Aulhoritv G.S. 105-39; 105-262: 
Eff June 11, 1977; 
Amended Eff Julv 1, 1979; 
Repealed Iff July 1, 1990. 

SECTION .1 100 - BIC^ CLE DEALERS 
.1101 APPLICABILITY OF LICENSE \0 AN01 HER 

Histor}' Note: Sialulory Aulhoritv G.S. 105-49; 1 05-89. 1; 105-262; 
Eff February 1. 19^6: 
Repealed Eff July 1. 1990. 



5:6 NORTH CAROLINA REGISTER June 15, 1990 446 



FINAL RULES 



SECTION .1300 - PEDDLERS 
.1304 NO r PRORATED NOR TRANSEERABLE 

Uistoiy \ote: Statutory Authohlv G.S. / 05-53: / 05-262; 
Eff. rcbrnaiy I. 1976: 
Repealed Eff. July I, 1990. 

.1305 OniER APPLICABLE LICENSES DLE 

In addition to requirement under G.S. 105-53, a peddler, an itinerant merchant, or a specialty inarkct 
\endor is subject to other applicable pri\ilege licenses for each location, depending upon the kind of 
merchandise sold or otTered for sale. 

Histoiy Xote: Statutory Authoritv G.S. 105-53: 105-105: 105-262; 
Eff. February I. 1916: 
Amended Eff July I. 1990; July I, 19S8. 

.1307 FISH EXEMPTION 

I/isto/y .\ote: Statuton- Authority G.S. 105-53: J 05-262; 1 13-129; 
Eff June II. 1977; 
Repealed Eff July I. 1990. 

.1308 LICENSE PROCLREMENT AND DISPLAY 

Histoiy Xote: Statutory Authoritv G.S. 105-53: J 05-262; 
Eff July I. /W?,- ' 
Repealed Eff. July I. 1990. 

.1309 INLORMAIION EO RE\ENLE DEPVRIMENT 

Uistoiy Sate: Statutory Authority G.S. 105-53; 105-262; 
Eff July I. 19S8: ' 
Repealed Eff July I. 1990. 

SECllON .1500 - MERCANIII E AGENCIES 

.1502 REPORI OK EINANCIAI. S lANDING 

Uistoiy Xote: Statutoiy Authority G.S. 105-57; 105-262: 
Eff Eehruan- I. 19'' h: 
Repealed Eff July 1. 1990. 

SECTION .1600 - D.VV-C.VRE FACILITIES 

.1601 NLMBER LK ENSED B^ BOARD 

(a) The number of children for which a day-care facility is licensed by the Department of Human 
Resources as of .luly 1 of each year is used in detcnnining liability for the da\-care facilities pn\ ilege 
license. 

(b) In the case of a new day-care facility, the number of children licensed by the Department of 
I luman Resources on the first day of operation of the new facility is used in detcnnining the tax li- 
ability. 

IlistoiT Xote: Siatuioir Authority G.S. 105-60; 1 1)5-262: 
Eff Eebi-uaij' I. 1976; 
Amended Eff July /, 1990. 

SEC HON .1700 - HOVELS: MOrELS:rOl RISICOl RIS: lOl RISr HOMES: (AMPCROl NDS: 

IRAII ER P\RKS 



44^ 5:6 iWRTH CAROLINA REGISTER June 15, 1990 



FINAL RULES 



.1706 CIIIJK( II ASSKMBLY 

A church assembly operated and limited to the educational program of the church operating a cafeteria 
and offering sleeping facilities for those attending the training program of the church school is not 
subject to privilege licenses under G.S. 105-61 and G.S. 105-62. However, the operation of a drink 
dispenser, food or merchandising dispenser, or the sale of tobacco or bottled drinks at the church as- 
sembly, is subject to general business privilege License under G.S. 105-102.5. 

History Note: Statutory Authority G.S. 105-61; 105-102.5; 105-262; 
Eff. February I. 1976; 
Amended Eff. July I, 1990; October 30, 1981. 

SECnON .1800 - RESTALIRAMS 

.1810 CATERI^G SERVICE 

The minimum fifty dollar ($50.00) cafe license is due for a catering service. This license would be due 
for the location from which the food is prepared for dehvery. 

History Note: Statutory Authority G.S. 105-62; 105-262; 
Eff June II. 1977; 
Amended Eff July I. 1990. 

SECTION .1900 - BILLIARD AND POOL TABLES 
.1901 TABLE MEASUREMENT 

History- Note: Statuton' Authority G.S. 105-64; 105-262; 
Eff Fehniarv I. 1976; 
Repealed Eff. July I, 1990. 

SECTION .2100 - MERCHANDISING DISPENSERS AND WEIGHING MACHINES 
.2105 NO LOC.VnON LICENSE WHEN (.ROSS RECEIPIS DLE 

Hisloiy Note: Statuloty Authority G.S. 105-65.1; 105-262; 
Eff Fcbruarv I. 1976; 
Amended Eff July I. 1979; 
Repealed Eff July I. 1990. 

.21 14 COFFEE AND HOI ( HOCOLAIE 

In determining liability for open cup drink dispenser operator's license, open cup coffee and hot 
chocolate dispensers are counted in the same manner as open cup soft drink dispensers, as they are 
drink dispensers. Persons other than an operator having on location such dispensers are subject to 
general business license under G.S. 105-102.5. 

History Note: Stalutoiy Authoriiv G.S. 105-65.1; 105-102.5; 105-262; 
Eff Febntarv I. 1976; 
Amended Eff. July I. 1990; July I, 1979. 

.2115 (OIN-OPFRATFD (;.\S I'lMPS 

Hisloty Note: Statutory Authoriiv G.S. 105-65.1; 105-65.2; 105-262; 
Eff February I. 1976; 
Amended Eff. July I, 1979; 
Repealed Eff July I. 1990. 

.2116 PHorosiwF AND piioto(;rapii machines 

Coin-operated photostat and photograph machines are not subject to license tax under Ci.S. 105-65.1 
or G.S. 105-102.5. 



Histoiy Note: Statutoiy Authority G.S. 105-65.1; 105-102.5: 105-262; 



.5:6 NORTH CAROLINA REGLSTER June 15, 1990 44S 



FINAL RULES 



Eff. Fehruan I. 1976; 

Amended Eff. July I, 1990: July I. 1979. 

.2117 Dl AL I'l KI'OSE VKNDING MACHINE 

(a) A dual purpose vending machine dispensing more than one type of merchandise; such as, ciga- 
rettes and food items, subjects an operator of five or more of such machines to operator's license for 
cigarette dispensers and also for food dispensers. Proper accounting procedures should be followed by 
the operator to substajitiate the various type sales made from such machines which are subject to the 
gross receipts tax under G.S. 105-65.1 vs. any sales not subject to gross receipts tax. 

(b) Persons, other than an operator under G.S. 105-65.1, placing on location a dual purpose vending 
machine must obtain a general business license prescribed under G.S. 105-102.5. 

Uiston- .\o!e: Statuton' Authoritv G.S. 105-65.1: 105-102.5: 105-262: 
Eff June II. 1977; 
Amended Eff. July I. 1990: July I, 1979. 

SECTION .2200 - BAGAIEI.LE TABI ES, MEKKV-GO-ROLNDS: ETC., 
ANH ELECTRONIC MDEO GAMES 

.2201 ONE LICENSE EOR OIIIER (.AMES 

HisiivT \otc: Suiiuton' Authoritv G.S. 105-66; 105-262; 
Eff Feb'ruan' I. 19^6: 
Repealed Eff July I. 1990. 

.2206 ARCIIER^ RANGES 

llistoty Sole: Statuton' Authoritv G.S. 105-66; 105-262; 
Eff. Feb'ruan,' I. I9~6; 
Repealed Eff July I. 1990. 

SECnON .2700 - DEALERS IN IMSIOLS: ETC. 

.2701 PISTOL LICENSE CO\ ERS METALLIC CAR! RIDGE 
.2702 SEP.VRATE LICENSE FOR BLANK CARTRIDGE PISTOLS 
.2703 APPLICABILITY OF LICENSE TO ANOTHER 

lliuon Sole: Statuton' Authoritv G.S. 105-80; 105-262; 
Eff Fehmary I, 1976; 
Repealed Eff July I, 1990. 

SEC I ION .M)00 - LALNDRIES 

.3005 HOME-SIZE MACHINES 

Uiston' Sote: Statutory Authoritv G.S. I05-S5; 105-262; 
Eff Fehman- I. 1976: 
Repealed Eff July I. 1900. 

SECIION ..?400 - AC LOMOBIIE: WHOLESALE SI V\'\\ DEALERS: AND SER\ K E SI AI IONS 

..^408 SELF-SERVICE CAR WASH 

I'he service garage license is not due on a self-service car wash operation where no service to the car 
is rendered b\- the car wash operator. However, the general business license under Cj.S. 105-102.5 
wduld be due on any coin-operated soap with uater elispensers. 

Iliston' Xote; Statuton Authoritv G.S. I05-S9; 105-102.5; 105-262; 
Eff Febnmty I. 1976; 
Amended Eff July I. 1990; July I. 1979. 

..U12 MOBILE SERMCE .\ND REP.VIR 



449 5:6 NORTH CAROLINA REGISTER June 15, 1990 



FINAL RULES 



A mobile car wash or garage going to the residence or place of business of the customer to service or 
repair motor vehicles is due the service station or garage license under G.S. 105-89(a) for his base lo- 
cation. 

History S'ote: Statutory Authority G.S. I0S-S9; 105-262; 
Eff. June II. 1977: 
Amended Eff. July I. 1990. 

.3413 APPI.YING FLLL YK AR AND HALF -^EAR I ICKNSE 

(a) One-half year license purchased under subsection (a) of G.S. 105-89 can be applied on one-half 
year license levied under subsection (b) or subsection (c) of G.S. 105-89, 

(b) Full year license purchased under subsection (a) of G.S. 105-89 can be applied on full year license 
levied under subsection (b) or subsection (c). 

(c) A business cannot apply full year license purchased under subsection (a) on one-half year license 
levied under subsection (b) or subsection (c). If the nature of the business changes, between the period 
January 1, and .June 30, from one ta.xcd under subsection (a) to one taxed under subsection (b) or 
subsection (c), one-half year license is due. No credit is given for the full year License purchased under 
subsection (a) since it was used during the first half of the license tax year. 

Example: Taxpayer changes the nature of the business 
from garage to auto dealer alter Januar\' 1. 
Since taxpayer used the fifty dollar ($50.00) 
garage license during the first half of the 
tax year, no credit is given against the one 
hundred dollar ($100.00) auto dealer license. 

Tax due = One half vear auto dealer license 
fifty dollars ($50.00). ' 

(d) The provisions specified in Paragraphs (a), (b) and (c) of this Rule arc also applicable in applying 
credit for a license purchased under subsection (b) on the license levied under subsection (c) of G.S. 
105.89. 

History Xote: Statulon' Aulhority G.S. 105-89; 105-262; 
Eff. April I, 1986:' 
Amended Eff July I. 1990. 

SKCnON .3900 - MAM I AC 1 1 RKRS Ol l( K ( RKAM 

..3903 iMOmi K IMTS 

History Sote: Statutory Authority G.S. 105-9^; 105-262: 
Eff Feh'ruary I. 1976; 
Repealed Eff July I. 1990. 

SEC! ION .4400 - ENGAGING IN lU SINESS WITHOUT A LICENSE 

.4402 RA I K OV I'ENAI I \: IN lERESI 

Penalty accrues at the rate of five percent per month for each delinquent month or fraction thereof 
not to exceed 50 percent of the tax. Interest shall apply to taxes, including assessments of taxes or 
additional taxes, on gross receipts levied in CJ.S. 105-37. 1(a), G.S. 105-38(f) and (}.S. 105-65. 1(b)(2) and 
on installment paper dealers levied in (i.S. 105-83(b) from the time such taxes were due to have been 
paid until paid, at rate established pursuant to Cj.S. 105-241. l(i). Interest applicable to refunds for 
overpavments of siross receipts and installment paper taxes shall be at the rate established bv (j.S. 
105-266. 

Histon' Sole: Statutory Authority G.S. 105-109; 105-109. 1; 105-262; 
Eff Febmaiy I. 1976; 
Amended Eff July I. 1990: March 14. 1980. 



5:6 NORTH C.iROLINA REGISTER June 15, 1990 450 



FINAL RULES 



SKCl ION .4500 - GHNKRAL BLSINKSS 

.4501 SMAI I TWO-WIIKF.L \F.IIICI K 

A small l\vo-\vhcel vehicle with trainer wheels, and without free wheeling or without brakes, is classi- 
fied as a bicNcle and the sale of same is subject to privilege license under G.S. 105-102.5. 

Histoiy Sole: Statutoty Aulhoritv G.S. / 05- 102.5; 105-262: 
Eff. Febman I. 1976: 

Transferred and Recodified from 17 ,\CAC 4B .1102 Eff. July J, 1990; 
.Amended Eff July I, 1990. 

.4502 BOTTLKR SF.l.I.ING DRINK DISPENSERS 

A bottler of soft drinks is not subject to a license under G.S. 105-102.5 for the sale of coin-operated 
dnnk dispensers. 

Ilision- Sole: Siatuloiy .Authoriiv G.S. / 05- J 02. 5: 105-262: 
Eff February I. 1976: 

Transferred' and Recodified from H \'C.\C 48 .1202 Eff July I. 1990: 
.1 mended Eff July I. f990. 

.450.^ NOT SPECIFICAI lA MENTIONED 

Small appliances, windmills, steel towers, electric pumps, automatic water systems, etc.. not being 
specifically mentioned or included by implication, do not come within the pun,'iew of G.S. 105-102.5. 

Histoiy Sole: Slatulon Authoriiv G.S. J05-I02.5: 105-262: 
Eff Febniaiy I. 1976: 

Transferred and Recodified from 17 SCAC 4B .1203 Eff July I. 1990: 
Amended Eff July I. f990. 

.4504 GO\ERN\lENT CAMPGROl NDS 

G.S. 105-102.5(4) is not applicable to the acti\ities set out under this Section uhen operated by the 
federal go\en"imcnt. state go\enimcnt or local government units. 

Uislon- Sole: StaiutoiT Aulhorily G.S. 105-102.5: 105-262: 
Eff Feb'ruaty I. 1976: 

transferred' and Recodified from 17 SCAC 4B .I70S Eff July I. 1990; 
Amended Eff July I. 1990.' 

.4505 COM FGE I NION 

A college union operated by a college or university for the benefit of its students is not subject to a 
license for operating a cafe or pool tables. However, a general business license would be due for the 
sale of soft drinks and tobacco products. 

Histoiy Sole: Statutoty Authority G.S. 105-102.5: 105-262; 
Eff Fcbmar^' I. 19'' 6; 
Amended E'ff July I. 1979: 

Transferred and Recodified from r SCAC 4 B .1902 Eff July I. 1990: 
Amended Eff July 1, 1990. 

.4507 \ ETER.VNS CLl US 

Veterans clubs when selling to members or others are not exempt from payment of general business 
license or other applicable pri\'ilegc licenses. 

llistoiy Sate: Statutoiy Authority G.S. 105-102.5: 105-262: 
Eff Feb'niaiy I. I9~b: 
Amended Eff July /, 19^9; 

Transferred and 'Recodified from I ~ SCAC 4B .2603 Eff July /, J990; 
Amended Eff July I, 1990.' 

.4514 GONERNMENTAL ACTIMTV 



451 5:6 NORTH CAROLINA REGISTER June 15, 1990 



FINAL RULES 



(a) A city operated swimming pool or golf course is a governmental activity; thus is exempt from a 
general business licenses under G.S. 105-102.5(8). 

(b) A municipality is liable for state privilege license on the operation of mechanical rides and similar 
amusements under G.S. 105-102.5, as the operation of same goes beyond that which is governmental 
in nature and is a proprietary operation. 

History Note: Statutory Authohtv G.S. 105-102.5; 105-262; 
Eff. February I, 1976; 

Transferred and Recodified from 17 NCAC 4B .2202 Eff July I. 1990; 
Amended Eff July I. 1990. 

.4515 NONPROFIT I'RIVATK CLl BS 

Nonprofit private clubs operating swimming pools or golf courses solely for the use of members only, 
are not subject to the general business license under G.S. 105-102.5(8). 

History Note: Statutory Authority G.S. 105-102.5; 105-262; 
Eff February /, 1976: 

Transferred and Recodified from 17 NCAC 4B .2203 Eff Julv I. 1990; 
Amended Eff July 1, 1990. 

.4516 SIIL'FFLKBO.VKD, TINBALL AND BOWLING MACHINES 

The operator of coin-operated shuffleboards, pinball machines, bowling machines, etc. is subject to 
license under G.S. 105-102.5 unless the possession or operation of these amusements is otherwise pro- 
hibited by law. 

Ilisloiy Note: Statutory Authoritv G.S. 105-102.5; 105-262; 
Eff Febi-uan> I, 1976; 
Amended Eff June II. 1977; 

Transferred and Recodified from 17 NCAC 4B .2204 Eff July I, 1990; 
Amended Eff July I. 1990. 

.4517 SKI SI.OI'FS: ICE SKATING AND ROI.I.ER RINKS 

Operators of ski slopes and ice skating or roller rinks arc subject to license under CJ.S. 105-102.5. If 
an admission is charged for such entertainment, and not just a fee for skatmg or skiing, a license and 
gross receipts tax are due under G.S. 105-37.1. 

History Note: Statutori' Authority G.S. 105-102.5; 105-262; 
Eff February' 1, 1976; 

Transferred and Recodified from 17 NCAC 4B .2205 Eff July 1. 1990; 
Amended Eff July 1, 1990. 

.4518 SFVFRAL OPERATORS AT ONK LOCATION 

Where several operators are placing amusement machines at one location and paying the owner a 
percentage of receipts or rent for space, each operator is due tax liability under G.S. 105-102.5. If the 
owner rents the machines, then he is liable for the tax. 

Ilisloty Note: Statutorv Auihorilv G.S. 105-102.5; 105-262; 
Eff Fcbi-uan' I. 1976: 

Transfened and Recodified from 17 NCAC 48 .2207 Eff July I, 1990: 
Amended Eff July I. 1990. 

.4519 FRKK RECORD NM III PLRCIIASE OF MERCHANDISE 

When a manufacturer conducts sales whereby a gift of a record is offered v\ilh the purchase of its 
manufactured product and a retail dealer or consumer may buy the product with or without the record 
at the same cost, neither party is subject to the general business license. 

History Note: Stalutoiy Authoritv G.S. 105-102.5; 105-262; 
Eff Febman' I, 1976: 
Amended Eff October 30, I9S1; 



5:6 NORTH CAROLINA REGISTER June 15, 1990 452 



FINAL RULES 



Transferred and Recodified from 17 NCAC 4B .2801 Eff July f 1990; 
Amended Eff July /, f990. 

.4520 I I ASIII.IGIIT BATTKRIES 

The sale of flashlight type batteries is not subject to tax under G.S. 105-102.5; however, batteries de- 
signed for radios, including transistor batteries, come within the taxable pro\isions of Cj.S. 105-102.5. 

lliston Sole: Statutory Authority G.S. 105-102.5: 105-262; 
Eff. February f 1976: 

framfetred and Recodified from P SC.AC 4B .2802 Eff. July f 1990; 
Amended Eff July f 1990. 

.4521 SHOKIWANK KAniOS 

The sale of shortwave radios (including citizens band radios) does not constitute liability under G.S. 
105-102.5. In the case of the sale of parts, howe\'er, liability would exist when such parts are inter- 
changeable with regular radio parts. 

Uistor\- Sole: Statutory Authority G.S. 105-102.5; 105-262; 
Eff. June If 1977; 

Transferred and Recodified from H SC.iC 4B .2804 Eff. July f 1990; 
Amended Eff July f 1990. ' 

SLBCHAPTF-R 4F. - ALCOHOLIC BF.\ ERAGF.S TAX 

SFC'LION .0100 - LICENSES 

.0105 SALESMAN FOR PROPRIETORSHIP OPERATION 

History Sole: Statutory Authority G.S. 105-1 13.'^4: 105-262: 
Eff Febr-uar\- f 1976: 
Amended EJf. July f 1984; 
Repealed Ef]'. July f 1990. 

SECTION .0200 - MONTHLY REPORTS: PAYMENT OF TAX 

.0209 BEER OR \MNE TO EMPLOYEES AND (;L ESTS 

Beer or wine can be furnished or sold to employees and guests of a permittee only as authorized under 
the Alcoholic Bc\eragc Control laws of North Carolina, provided that appropriate North Carolina 
excise tax is paid. Howe\'er, resident manufacturers arc relie\cd from paying excise tax on malt 
beverages and wine that are furnished free of charge to customers, \isitors and employees on the man- 
ufacturer's licensed premises for consumption on said premises. Resident manufacturers ha\ing liability 
for payment of any excise tax shall file Form B-C-TIO, B-C-7R,^. or B-C-7S4. whiche\er is appropriate, 
accompanied by payment of the tax due. 



History Sate: Statutory Authority G.S. l05-tl3.8f 105-262: 
Eff Fchruaiy f 1976; 
Amended Eff July f 1990; .Ipril I. 1986; July 1. 1984. 



CHAP! ER 7 - SALES ANO LSE 1 AX 

SLBCHAPTER 7B - STATE SALES ,\ND I SE TAX 

SECTION ..3400 - MEMORIAL SLONL \NI) MONl MEN L DF.MERS AND M \Nl FAC I I RFRS 

..MOI MEMORIAL STONE SALES 

(a) Except as pro\ided in Paragraph fb) of this Rule, sales of memorial stones to users or consumers 
are subject to the three percent state and two percent local sales or use tax. Where the seller of a me- 
morial stone or monument agrees to install such stone or monument upon a foundation, a segregation 
must be made of materials used and installation charges insohed. on an invoice gi\-en to the customer 
at the time of the sale. The seller ma\ deduct the mstallation labor costs or sen'ices from the uross 



45 ^ 5:6 NORTH CAROLINA REGISTER June 15, 1990 



FINAL RULES 



proceeds of the sale only when a segregation of the billing is made to the customer; otherwise, the total 
charge is taxable. 

(b) Effective July 1, 1986, the first fifteen hundred dollars (Si, 500. 00) of all funeral expenses, including 
gross receipts from tangible personal property furnished and services rendered by funeral directors, 
morticians and undertakers, or by monument and memorial stone dealers, shall be exempt from sales 
or use taxes. The term "funeral expenses", as used in this Rule, shall include charges by monument 
or memorial stone dealers for the sale and installation of memorial stones and monuments purchased 
by the estate of a deceased person and allowed as a funeral expense. It shall also include charges by 
monument and memorial stone dealers for the sale and installation of memorial stones and monuments 
purchased by a family member or other person responsible for the funeral expenses within one year 
after the death of the deceased person. The fifteen hundred dollars ($1,500.00) exemption is applicable 
to the total charge for the sale and installation of a memorial stone or monument notwithstanding that 
the installation charge may be separately stated on the invoice at the time of the sale and in the vendor's 
records. Vendors making sales of memorial stones and monuments or services subject to the fifteen 
hundred dollars ($1,500.00) exemption must keep sales invoices, books and other records showing the 
name of the purchaser, the total sales price of the tangible personal property, the date of the sale, the 
date of the death of the deceased person and the total sales price of all tangible personal property and 
services furnished. 

Histoiy Note: Statutoiy Aul/iority G.S. 105-164.3 105-164.4: 105-262; 
Eff. Fcbruaiy I. 1976; 
Amended Eff. July 1. 1990. 

SECTION .4.W0 - KKMM)S lO INTERSTATE CARRIERS 

.4.^01 IN (VENERAI. 

(a) An> person engaged in transporting persons or property in interstate commerce for compensation 
who is subject to regulation by, and to the jurisdiction of, the Interstate Commerce (Commission or the 
United States Department of Transportation and who is required by either such federal agency to keep 
records according to its standard classification of accounting or, in the case of a small certified air carrier, 
is required by the United States Department of Transportation to make reports of financial and oper- 
ating statistics, may secure from the Secretary of Re\enue a refund of the North Carolina state and 
county sales or use tax paid by such person on purchases or acquisitions of lubricants, repair parts and 
accessories in this state for motor \ehicles, railroad cars, locomotives and airplanes operated by such 
person. Class I, II and III common and contract carriers are under the jurisdiction of the Interstate 
Commerce Commission; however. Class III common and contract carriers are not required to keep 
records according to the Interstate Commerce Commission's standard classification of accounting and 
are not entitled to a refund under the prosisions of this Rule. Persons not meeting all of the require- 
ments in this Rule are not entitled to a refund under the provisions of this Rule. The highwa)' use tax 
le\ied under .Article 5A of Chapter 105 of the Cieneral Statutes is not refundable under the pro\isions 
of this Rule and the fee levied on new motor vehicle tires by the Scrap lire Disposal Act is not 
refundable under the provisions of this Rule. 

(1) The following are items of tangible personal property which may be included in purchases on 
lines 4 (a) and (b) of the application for refund, form Ii-581, filed by interstate carriers; 

(A) antennas; 

(B) antifreeze; 

(C) bedding for motor \ehicle sleeping compartments; 

(D) charts for tachographs; 
(I:) decals for motor vehicles; 

(F) emergency tlares and reflectors; 

(G) fu"e extinguishers; 

(II) frcon or nitrogen used in refrigerating and cooling motor \ehicks; 

(I) furniture pads; 

(.1) lifeboats and oxygen masks; 

(K) load jacks and chams; 

(L) mobile CTJ radios; 

(M) motor vehicle seat cushions; 

(N) paints for decals; 

(O) passenger car tires and tubes; 



5:6 NORTH CAROLINA REGISTER June 15, 1990 454 



FINAL RULES 



(V) polyethylene liners (used to waterproof trailers); 
(Q) pouches for registration cards and permits: 
(R) radios; 

(S) ramp equipment (aircraft steps used to embark or disembark aircraft): 

(T) ropes and chains to tie down cargo (adapted for use on motor \ehiclcs: otherwise not al- 
lowed); 
(U) signs (metal signs attached to trucks); 
(V) tarpaulin: 
(W) tire chains; 

(X) welding rods for repair of motor \ehiclcs; 
{\) windshield solvents; 
(Z) zipped co\'crs for grills. 

(2) The following are purchases of items of tangible personal property which should not be included 
in the claim: 

(A) dri\-ers' glo\'es; 

(B) drivers' uniforms; 

(C) food trays (airplanes): 

(D) fork lift tires and parts; 

(I:) gauges for testing equipment; 

(F) hand trucks; 

(G| license and inspection fees; 

(H) pallets; 

(I) pillows (airplanes); 

(J) repair labor: 

(K) road ser^'ice charges: 

(L) security seals: 

(M) sixty percent on recapped tires where fort\' percent of the combined price is taxed (Rciiulation 

17 NCAC 7B .1901): 
(N) tire \'olume discounts; 
(O) tools, shop supplies; 
(P) trip logs: 
(Q) wax and washing supplies. 

(3) The lists in tliis Rule are not intended to be cxclusi\'c, but are for iUustrati\-e purposes only. If 
there is any question as to whether or not any item which does not appear therein should be 
included in purchases on lines 4 (a) and (b) of the application for refund, a niling on such items 
may be obtained from the Sales and L'se Tax Dnision. 

(b) The secretary shall compute the North Carolina sales or use tax which would be due with respect 
to all lubricants, repair parts and accessories acquired during the refund period as though all such pur- 
chases were made in this state but only on such proportion of the total purchase prices thereof as the 
total number of miles of operation of such applicant s motor vehicles, railroad cars. locomoti\es and 
airplanes within this state bears to the total number of miles of operation of such applicant's motor 
vehicles, railroad cars, locomotives and airplanes within and without tliis state, and such amount of 
sales and use tax as the applicant has paid in this state during said refund period in excess of the amount 
so computed shall be refunded to the applicant. 

(c) The secretary shall compute the county sales or use tax which would be due w ith respect to all 
lubricants, repair parts and accessories acquired in taxing counties during the refund period and ac- 
quired outside such counties during the refund penod for use or consumption in the ta.xing counties 
but only on that portion of the total purchase prices thereof as the total number of miles of operation 
of such applicant's motor \ehicles. railroad cars, locomoti\'es and airplanes within this state bears to the 
total number of miles of operation of such applicant's motor \ehiclcs. railroad cars. locomoti\cs and 
airplanes w ithin and w ithout tliis state, and such amount of counl\ sales or use tax as the applicant 
has paid in this state during said refund period in excess of the amount so computed shall be refunded 
to the applicant. The application for refund form must show a separate computation of each county's 
tax to be refunded. 

(d) .Application for refund forms will be furnished by the Secretar>" of Re\enue and should be signed 
by a dul\' authorized person and notarized. Claims shall be tiled quarterly w ithin 6U da_\ s from the close 
of each quarter ending in .March, June, September and December of each \ear cmering the purchases 
or acquisitions during the preceding quarter of lubricants, repair parts and accessories for motor \ehi- 
cles, railroad cars, locomotives and airplanes. .\i\\' claim not tiled dunng the penod specified abo\e 



455 5:6 NORTH CAROLINA REGISTER June 15, 1990 



FINAL RULES 



will not be allowed unless an extension of time has been granted, in which case the claim must be filed 
during the extended period. 

(e) The application for refund shall show, in addition to all other required information, the total 
number of miles of operation of motor vehicles, railroad cars, locomotives and airplanes within and 
without this state, the total number of miles of operation of motor vehicles, railroad cars, locomotives 
and airplanes in this state, the total purchase price of lubricants, repair parts and accessories for motor 
vehicles, railroad cars, locomotives and airplanes and the total amount of North Carolina state and 
county sales and use tax paid on such purchases. Any sales or use tax paid to state or local taxing 
authorities must be excluded from total purchases as shown on line four of the application for refund. 
The amount of purchases of accessories attached to motor vehicles at the time of purchase on which 
the highway use tax was paid shall not he included in total purchases on line four (a) of the refund form. 
The application for refund form contains the procedure prescribed for computing the amount of the 
refund and the information necessary to complete such application. Records, upon which the appli- 
cation for refund is based, must be maintained in such manner as to enable a represcntati\e of the 
Department of Revenue to accurately and conveniently venfy the correctness of the applicant's state- 
ments. Ihe application for refund should be completed in triplicate and two copies returned to the 
North Carolina Department of Revenue. Sales and Use Tax Division, Raleigh. North Carolina, within 
the time prescribed herein. After a representative of the department has \erified the correctness of the 
application for refund, a voucher for the amount due, if any. wiU be issued. 

(f) Nothing in this Rule shall be so construed as to relie\e any taxpayer of liability for remitting sales 
or use tax on taxable purchases of lubricants, repair parts and accessories for motor \ehicles. railroad 
cars, locomotives and airplanes. 

Hislon- \ote: S tali/ton' Aulhoritv G.S. 105-164.14; 105-262: 
Hff. February I. 19-76: 
Amended F.ff. July I. 1990: Februaty I. /9S^: March I. IQS4: Januaiy 3. I9S4. 

SECTION .4600 - MOTOR NKIIICLES AND BOATS 

.4601 S.\LES AND PLRCIIASES OF .\LTOMOBILES AND OTHER MOTOR \EIIICI ES 

(a) 1 he Sales and Use Tax Article was amended, effective October 1, 1989, to provide an exemption 
from sales and use taxes for sales of motor \ehicles, the separate sales of a motor \eliicle body and a 
motor vehicle chassis when the body is to be mounted on the chassis, and the sale of a motor \'ehicle 
body to be mounted by the manufacturer thereof on a motor vehicle chassis that temporarily enters the 
state for that purpose. 

Prior to October 1, 1989, sales of motor \ chicles, as defined in Paragraph (b) of this Rule, to users or 
consumers were subject to the two percent rate of tax with a maximum tax of three hundred dollars 
($300.00) applicable to the sale of any one motor vehicle. The tax was to be computed on the gross 
sales price of the motor \ehicle less any allowance for a motor vehicle taken in trade as a credit or part 
payment on the sales price thereof. The gioss sales price of the motor \ehicle included an> parts or 
accessories installed thereon at the time of the sale, labor for installing such parts or accessories, freight 
and any other charges for preparing the vehicle for sale. Prior to and after October 1, 1989, parts or 
accessories sold separately from the sale of a motor \ehicle are subject to the three percent state and 
two percent county rates of tax; however, charges for labor to install such parts or accessories are not 
subject to tax when separately stated on the customer's invoice and in the vendor's records. 
Prior to October 1, 1989, separate sales of a new motor \ehicle chassis and a new mott>r \ehicle body 
to be installed thereon, whether sold by the same or different retailers, were subject to the maximum 
tax on sales of motor vehicles. Such sales are treated as a single sale. Retailers making sales of this 
nature must retain in their permanent records c\idcnce of the amount of tax paid on the purchase of 
a new bod>' or chassis and compute the amount of additional tax to be charged by detennuiing the 
difference between the tax already paid and the amount of tax due on the combined selling price of such 
body and chassis subject to the maximum tax. When a new motor \ehicle bod\' w as sold to be installed 
on a used motor \'ehicle chassis, the tax was to be computed on the sales price of the new motor \ehicle 
body, subject to the maximum tax uithout regard to any tax previously paid on the used chassis. 
Prior to October 1, 1989, the lease receipts dcri\ed from the lease or rental of a motor \ chicle to a user 
or consumer in this state were subject to the two percent sales or use tax. The maximum tax of three 
hundred dollars ($.^00.00) was applicable to the receipts deri\ed from tlie lease or rental of a motor 
veliicle lor a stipulated penod of time. Persons who leased or rented motor \ chicles were to collect and 



5:6 FsORTH CAROLINA REGISTER June 15, 1990 456 



FINAL RULES 



remit the tax on the separate retail sale of a motor vehicle in addition to the tax imposed on the lease 
or rental of the motor \chicle. 

(b) Motor \'chicle defmed: For the purposes of the Sales and Use Tax Article, the term motor ve- 
hicle means any \'ehicie which is self-propelled and designed primarily for use upon the highways, any 
vehicle which is propelled by electric power obtained from trolley wires but not operated upon rails, 
and any vehicle designed to run upon the highways which is propelled by a self-propelled vehicle, but 
shall not include any implement of husbandn.". farm tractor, road construction or maintenance ma- 
chinerN" or equipment, special mobile equipment as defined in G.S. 20-4.01, any vehicle designed pri- 
marily for use in work off the highway and, effective August 1. 19S9. a manufactured home. 

fc) Special Mobile Hquipment Defined: Pven,' truck, truck-tractor, industrial truck, trailer, or semi- 
trailer on which ha\'e been permanently attached cranes, mills, well-boring apparatus, ditch digging 
apparatus, air compressors, electric welders or any similar type apparatus or which have been con\'erted 
into li\ing or otTice quarters, or other self-propelled \ehiclcs which were originally constructed in a 
similar manner which are operated on the highway only for the purpose of getting to and from a non- 
highway job and not for the transportation of persons or property or for hire. This shall also include 
trucks on which special equipment has been mounted and used by the .-\merican Legion or Shrine 
Temples for parade purposes, trucks or \ehicles pn\ately owned on which firc-tighting equipment has 
been mounted and which arc used onh' for fire-fighting purposes, and vehicles on which are perma- 
ncntl_\' mounted feed mixers, grinders, and mills although there is also transported on the \'ehicle 
molasses or other similar type feed additives for use in connection with the feed-mixing, grinding or 
milling process. 

(d) Prior to October 1. 1989. the sales or use tax was to be computed on the gross sales price of a 
motor vehicle less any allowance for a motor \chiclc taken in trade as a part of the consideration for 
the purchased vehicle. Prior to October 1. 19S9. sales of all motor veliicles accepted in trade or re- 
possessed by vendors were subject to sales or use tax regardless of the fact that such motor vehicles 
may have been acquired by trade or repossessed by vendors. Prior to October 1. 19S9. when property, 
other than motor \ehicles. was taken in trade as a part of the consideration for a purchased vehicle, the 
sales or use tax was to be computed and paid on the full gross sales price of the motor vehicle without 
any deduction whatever on account of any trade-in credit or allowance. The sale of used property, 
other than a motor vehicle, by the dealer who accepted same in trade would then be exempt from tax. 
ITTective October 1. 1989, motor vehicles are exempt from sales and use taxes and the sale of used 
property, other than a motor vehicle, taken in trade as a part of the consideration for the purchased 
vehicle is subject to sales tax. Repair parts withdrawn from inventors' by a dealer and installed upon 
such property for sale are not subject to the tax. Certificates of resale may be executed by registered 
dealers when purchasing repair parts for resale or for use in reconditioning such property for sale. 

(e) Prior to October 1. 1989, sales of motor \'ehicles to a registered merchant for resale were not 
subject to tax when supported by properly executed Resident and Nonresident Retail or \Miolesale 
Merchant's Certificate of Resale. Form E-590, or other evidence in writing adequate to support the 
conclusion that he was registered with the Department of Revenue or in a taxing jurisdiction outside 
this state for sales and use tax purposes and that the property was being purchased for the purpose of 
resale. Certificates of resale may also be executed by registered motor vehicle leasing tirms when pur- 
chasing motor \ehicles which they will lease or rent to their customers since such firms must remit tax 
on their lease or rental receipts. Prior to October 1. 1989. sales of motor vehicles to out-of-state mer- 
chants who accept deliver.' of the vehicles in this state for resale in their respective states are not subject 
to tax provided such merchants are registered for sales and use tax purposes in a taxing jurisdiction 
outside this state and furnish the North Carolina merchant a properly completed certificate of resale. 
Reierence is made to 17 NC.AC 7B .32ill for further mfonnation regardmg sales to nonresident mer- 
chants. 

(f) Prior to October 1. 1989, sales of motor \ehicles to nonresident purchasers which were deli\ered 
to them in North Carolina for immediate transportation to and use in another state in which such ve- 
hicles are required to be registered were not subject to sales tax. For the purpose of the exemption, the 
term "immediate transportation to . . . another state" means to either dn\e or transport the \ehiclc 
outside North Carolina en route to its state of registration within sevent_\-two hours after the purchase 
thereof: howe\er. purchases of motor vehicles by militarv' personnel for use in North Carolina are tax- 
able notwithstanding that such persons might ha\e registered the motor \ehicles m their home states. 
The seller must have obtained from the purchaser and furnished to the Secretar.' of Resenue an .AlTi- 
davit for Exemption of Motor \'ehicle Sold for Immediate Transportation and Use Outside of North 
Carolina. Form F-599n, stating the name and address of the purchaser, the state in which the \'ehicle 
will be registered and operated, the make, model, and senal number of the vehicle, and such other in- 



45- 5:6 NORTH CAROLISA REGISTER June 15. 1991) 



FINAL RULES 



formation as the Secretary' may require. The exemption was fully allowed when the affidavit was fded 
with the seller's sales and use tax report for the month during which the sale was made and such report 
was timely fded. When an affidavit concerning a sale of a motor vehicle to a nonresident purchaser 
was not fded with the retailer's sales and use tax report for the month in which the sale of the vehicle 
was made and the failure to fde the affidavit is discovered on or after y\ugust 12, 1989, it shaU be ac- 
cepted if it is filed within 30 days after such discovery, but no refund shall be made of sales and use taxes 
already paid. An affidavit fded within this 30-day period is subject to a penalty of 25 percent of the tax 
applicable to the sales price of the motor vehicle. If the affidavit is submitted to the Secretary of Re- 
venue after the end of this 30-day period, no exemption shall be allowed. The provisions of this Par- 
agraph are not applicable to sales of motor vehicles which are subject to the highway use tax after 
September 30, 1989. 

Histoiy Note: Statutorv Authoritv G.S. 105-164.4; 105-164.5: 105-164.6; 105-164.13: 105-262; 
Eff. Februarv I. 1976: 
Amended Eff. July I. 1990: February I. I9SS: March /, I9S7; December I. 19S4. 

.4602 AIRCRAFT: BOATS: RAILWAY CARS: LOCOMOTIVES: MANLl ACTl RED HOMES 

(a) Effective August 1, 1989, the maximum sales tax on retail sales of aircraft, boats, railway cars or 
locomotives increased from three hundred dollars ($300.00) to fd'teen hundred dollars ($1,500.00). The 
rate of tax applicable to such sales of aircraft, boats. raUway cars or locomotives continues to be two 
percent and is payable to the Secretary' of Revenue on vendors' sales and use tax reports. 

Effective October 1, 1989, the term "motor vehicle", as set forth under G.S. 105-164.3(8b), excludes a 
manufactured home. G.S. 105-164.3(Ra) defmes a "manufactured home"' as a structure that is designed 
to be used as a dwelling and: 

(1) Is built on a permanent chassis; 

(2) Is transportable in one or more sections; 

(3) When transported, is at least eight feet wide or 40 feet long; and 

(4) When erected on a site, has at least 320 square feet. 

Retail sales of manufactured homes will continue to be subject to the two percent rate of sales tax with 
a maximum tax of three hundred dollars ($300.00) per article including all accessories attached to the 
manufactured home when it is delivered tjo the purchaser. Each section of a manufactured home that 
is transported to the site where it is to be erected is a separate article. Dealers must continue to remit 
sales tax to the Secretary of Revenue on their retail sales of manufactured homes. 

(b) A retail sale of a boat with a boat trailer is considered to be the sale of two separate articles. The 
retail sale of the boat trailer, a motor vehicle within the meaning of the statute, is subject to the three 
percent highway use tax with a maximum tax of one thousand dollars ($1,000.00) applicable to the 
trader. The retail sale of the boat is subject to the two percent rate of tax with a maximum tax of fifteen 
hundred dollars ($1,500.00) applicable to the sale of any boat except for those sales exempt from tax 
under the provisions of G.S. 105-164.13(9). The tax shall be computed on the gross sales price of the 
boat, including charges for the boat motor, fenders, boat and motor controls, compasses, windshields, 
horns, liglits, or any other parts or accessories, all of which must be attached thereto at the time of 
deliver>' to the purchaser, labor for installing such parts and accessories, freight or any other charge for 
preparing the boat for sale. I ife jackets, life rings, cushions, flares, fire extinguishers and rope are 
considered to be safety equipment rather than accessories to the boat and sales of such items at retail 
are subject to the three percent state and two percent county rates of tax notwithstanding they are sold 
with the boat. Parts and accessories, including boat motors, fenders, boat and motor controls, lights, 
windshields, horns and other above-named items sold separately from the sale of a boat arc also subject 
to the three percent state and two percent county rates of tax. 

Histoiy Xote: Statutorv Authoritv G.S. 105-164.4: 105-164.6; 105-262: 
Eff Februan' I. 1976; 
.■[mended Eff July /. /990: January 3. /9S4: .May II. 1979. 

.4604 SPECIAL EQLII'MEM -ACCESSORIES: MOTOR \EIIICLES 

(a) Effective October 1, 1989, retad sales of motor vehicles, including all accessories attached to the 
vehicles when delivered to the purchaser, are exempt from sales tax. Prior to October 1, 1989, retail 
sales of motor vehicles with special accessories such as pulling de\ices, hole digging de\ices, aerial 
working devices or other special accessories which are attached to and a part of such motor \chicles 
wlien the>- are deli\ered to purchasers are subject to the two percent rate of tax with a maximum tax 



5:6 NORTH CAROLIN.A REGISTER June 15, 1990 458 



FINAL RULES 



ot tlircc liundictl dollars {S300.0()) applicable to each such vehicle. I'he term "motor vehicle", as used 
in this Rule, means any vehicle which is self-propelled and designed primarily for use upon the high- 
ways and any vehicle designed to run upon the higliways which is propelled by a self-propelled vehicle, 
but shall not include any implement of husbandry, farm tractor, road construction or maintenance 
machiner\' or equipment, special mobile equipment as defmed in G.S. 20-4.01 or any vehicle designed 
primanly for use in w ork off the highway. 

(b) Persons selhng such special equipment or accessories at retail which they mount upon a motor 
vehicle chassis or body belonging to others must collect and remit the three percent state and two 
percent county sales or use tax thereon. Any charges for labor or services rendered in installing or 
apph'ing such items arc not subject to tax provided such charges are segregated from the charge for the 
tangible personal property sold on the insoicc given to the customer at the time of sale and in the 
\endor's records; othenvise the total amount is subject to tax. 

Histofj Note: Siatuuny Authonly G.S. 105-164.4: 105-164.6: 105-262; 
Eff. Fehruarv I. 1976: 
.■Intended Eff. .Iidy I. 1090: December I. 1988. 

.4606 MOrOK \KIIK LKS LSKI) in OKAIKKS 

(a) Prior to October 1, 1989, when a motor vehicle dealer appropriated a motor \ehicle from in\'cn- 
toPv' for his own use or to be assigned to a salesman for his personal use and for business related pur- 
poses and the dealer placed a regular license plate thereon, the dealer was liable for pa\mcnt of the 
applicable use tax on the vehicle when it was so appropriated. When the dealer subsequently sold the 
\ehicle, he could claim credit for the use tax paid to this Department against the sales tax due on the 
sales price thereof and or against the sales tax due on the sales price of any used motor vehicle taken 
in trade on such vehicle or a scries of trades relating to such vehicle until the total credit was exhausted. 
If the dealer made a nontaxable sale of such \chiclc, for example, a sale at wholesale or a sale to a 
nonresident purchaser for use outside this state pursuant to an aftida\it. Form I-599B. and the dealer 
did not accept a used motor vehicle in trade, there would ha\e been no credit due for tax paid to this 
Department at the time the vehicle was appropriated for use. 

(b) Prior to October 1, 1989, when a dealer appropriated a vehicle from inventor.' for use in dem- 
onstrating it to prospecti\e customers and he placed a dealer plate thereon, there was no sales or use 
tax due on the \ehicle so long as it was so used and biire a dealer plate; howe\er, the sales tax was due 
when the \ehicle was sold at retail. 

ULuoiy \ote: Statuion' Authmitv G.S. 105-164.4: 105-164.6: 105-262; 
Eff Eehruan' I. 1976; 
.\ mended Eff .luly I. 1990; March I. 1984. 

.4609 I IKK IKl (KS AND KQl II'MEM 

(a) Prior to October I, 1989, sales of fire trucks to municipalities, counties and rural fire protection 
districts organized under Chapter 69 of the Noilh Carolina General Statutes were taxable at the rate 
of two percent and the maximum tax of three hundred dollars (S.^IHI.OO) was applicable with respect to 
any one fire tnick including all accessories built into or affixed thereto by the manufacturer such as 
nozzles, hoses, hose reels, hose straps, hose clamps, hose connection>, adapters, play pipes, ladders, 
tanks, booster pumps, pike poles, etc. 

(b) Retail sales of axes, brooms, buckets, shcnels, ropes, general purpose tools, gas masks, first aid 
kits, blankets, portable pumps, portable fire extinguishers and like articles are considered to be other 
fire figliting equipment rather than accessories to the fire truck, and sales of such items at retail arc 
subject to the three percent state and two percent local rates of tax without any maximum tax appli- 
cable thereto notwithstanding such sales are made to the above type customers or that the items are 
sold with fire trucks. Pri\ately owned fire trucks or \ehiclcs on which fire fighting equipment has been 
mounted that are used onl>' for fire fighting purposes are classified as special mobile equipment, and 
sales thereof are subject to the three percent state and two percent local rates of tax. Sales of repair 
paits to municipalities, counties, rural fire protection districts, and industrial users for use in repairing 
fire trucks are subject to the three percent state and two percent local rates of tax. 

History \ote: Stutiitofj .luthoritv G.S. 105-164.4: 105-164.6: 105-262; 
Eff. I'ehn/aty /. Z'''"'').- 
.l/nended EJf .luly I. 1990: .huntarv 3. I9S4. 



459 .\-6 NORTH CAROLINA REdLSTER .lime l.\ 1990 



FINAL RULES 



.4610 MO (OK \ EIIICLKS: SALKS UY I KDKRAL GOVKKNMKNT 

Uistoty Note: Statutory Authodtv G.S. 105-164.4; /05-/64.6; 105-262: 
Eff. Februaiy I, 1976: 
Repealed Eff. July /, 1990. 

.4612 MOTOR \ EIIICLK SKLI.ING RXI'KNSES 

Prior to October 1, 1989, documentary fees related to the cost of transferring the title of a motor ve- 
hicle, charges for obtaining license plates therefor and fees for notar>' services were not subject to the 
sales tax when such charges were separately stated from the sales price of the motor vehicle on the in- 
voice given to the customer at the time of the sale and were separately shown in the \endor's records. 
Such charges were considered to be in addition to the sales price of the motor velucle. 

Uistoty Note: Statutory Authority G.S. 1 05- J 64.3: 105-262; 
Eff Februaiy /. 1976; 
Amended Eff Jidy I. 1990. 

A(Ay MOrOR \KltirLK LESSORS 

Ixssors within and without North Carolina are liable for collecting and remitting the applicable rate 
of tax on receipts deri\ed from the lease or rental of tangible personal property to lessees for use in this 
state. Prior to October 1, 1989, when North Carolina lessors leased motor vehicles to out-of-state 
lessees to be located, domiciled or assigned in this state for use in interstate operations, including North 
Carolina, the lessors were required to collect and remit tax on the receipts derived therefrom 
notwithstanding that the lease may have been negotiated outside North Carolina. Wlicn North 
Carolina lessors leased motor vehicles to out-of-state lessees for use in intrastate operations in North 
Carolina, tlic lessors were required to collect and remit tax on the lease receipts notwithstanding that 
the leases were negotiated outside this state or that the vehicles were delivered to the lessees at a point 
outside this state or were registered outside this state. When North Carolina lessors leased motor ve- 
hicles to out-of-state lessees for use exclusively in a state other than North Carolina, the initial lease 
payments were subject to this state's tax if the vehicles were delivered to the lessees at a point within 
this state. When the vehicles were delivered to the lessees at points outside this state, the lease receipts 
were not subject to this state's tax. When a motor velucle was leased outside North Carolina for use 
in North Carolina, the lease receipts were subject to tliis state's tax. Effective October 1, 1989, the sale, 
lease or rental of a motor vehicle is exempt from sales or use taxes and subject to the highway use tax 
as provided by 17 NCAC 7B .4619. 

Uistoiy Note: Statutory' Authority G.S. 105-164.4; 105-/64.6: 105-262; 
Eff Feb'ruaiy h 1976; 
. Amended Eff July I. 1990. 

.4614 I'KKll' CAMPKKS: IKAILFRS 

Retail sales of camper trailers which are designed to run on the streets and highways and which are 
pulled by a self-propelled vehicle are properly classified as motor vehicles and exempt from sales tax 
effective October 1, 1989. Retail sales of such camper trailers are subject to the highway use tax on 
and after October 1, 1989. Retail sales of slide-in pickup camper units are subject to the three percent 
state and two percent local sales or use tax. 

History Note: Statutoiy Authority G.S. 105-164.4; 105-164.6; 105-262; 
Eff February /, 1976; 
Amended Eff July I. 1990. 

.4615 MAM lACILRKI) IIOMKS 

(a) Prior to October 1, 1989, the retail sale of a manufactured home designed to run upon the streets 
and highways, when pulled by a self-propelled vehicle was classified as a motor vehicle subject to the 
two percent rate of sales tax with a maximum tax of three hundred dollars ($300.00) per vehicle in- 
cluding all accessories attached thereto at the lime of dcUvcry to the purchaser. The tax was to be 
computed on the gross sales price less any allowance for a manufactured home or motor vehicle taken 
in trade as a part of the consideration for the purchased manufactured home. Effective October 1, 1989, 



5:6 NORTH CAROLINA REGISTER June 15, 1990 460 



FINAL RULES 



the term "motor vehicle", as set out in G.S. 105-164.3, excludes a manufactured home. A "manufac- 
tured home" is defined as a stmcture that is designed to be used as a dwelling and: 

(1) Is built on a pemianent chassis; 

(2| Is transportable in one or more sections; 

(3) When transported, is at least eight feet wide or 40 feet long; and 

(4| When erected on a site, has at least 320 square feet. 
Retail sales of manufactured homes will continue to be subject to the two percent rate of sales tax with 
a maximum tax of three hundred dollars ($300.00) per article including all accessories attached to the 
manufactured home when it is delivered to the purchaser. Tach section of a manufactured home that 
is transported to the site where it is to be erected is a separate article subject to the two percent rate 
of sales or use tax with a maximum tax of three hundred dollars ($300.00) applicable thereto. r'ffecti\'e 
October I. 19S9, the tax is to be computed on the gross sales price of the manufactured home without 
an\ deduction whatever on account of any trade-in credit or allowance. 1 he gross sales price of the 
manufactured home includes any parts or accessories installed thereon at the time of the sale and de- 
li\er\' to the customer, labor for installing such parts or accessories, freiglTl, or any other charges for 
preparing the manufactured home for sale. Parts or accessories sold separately from the sale of a 
manufactured home are subject to the three percent state and two percent local rates of tax; howc\er, 
charges for labor to install such parts or accessories are not subject to tax when separately stated on the 
customer's in\'oice and in the \endor's records. 

(b) Any furniture, appliances or accessories placed in a manufactured home by the manufacturer or 
the dealer and which are a part of the sale and deli%er)' of the manufactured home to a customer are 
included in the gross sales price of the manufactured home, subject to the two percent rate of tax with 
a maximum tax of three hundred dollars ($300.00) applicable to the sale, .\nchor bolts, tie-downs, 
skirting, steps, and central or window air-conditioning imits that are to be attached to a manufactured 
home and that are a part of the sale of a inanufactureel home at the time of deli\er\' to the customer 
or at the time of installation b_\' a dealer for his customer are included in the sales price subject to the 
two percent rate of tax with a maximum tax of three hundred dollars ($300.00) applicable to the sale 
of each manufactured home. 

(c) .Any charge made by a vendor to a customer for rtinning gear upon which a manufactured home 
is deli\'ered is a part of the gross sales price of such manufactured home subject to the two percent rate 
of tax, with a maximum tax of three hundred dollars ($300.00). notwithstanding that such charge may 
be separately stated from the charge for the manufactured home on the invoice gi\en to the customer 
at the time of the sale. The return of nmning gear to a dealer for credit or refund of such charge does 
not alter the rate of tax applicable to the sale, and the customer is not entitled to a credit or refund of 
the tax paid on the charge for the running gear returned or sold to the dealer. 

(d) Any sale of furniture, appliances and other accessories to a customer b\' a dealer after the sale of 
the manufactured home has been consummated is subject to the three percent state and any applicable 
local sales or use tax. Cement blocks which are used to prepare or build the foundation for or to level 
a manufactured home, the sewer pipe used to connect a manufactured home to the septic or sewer 
system, and wedges used for lexeling a manufactured home do not come within the definition of ac- 
cessories attached at the time of deli\cr>' and, therefore, ]">urchascs of these items by dealers or other 
users or consumers in this state to be used in the installation of a manufactured home are subject to 
the three percent state and an\ applicable local sales or use tax. 

Ilistoiy \o!e: Stututoir Aiithorhy G.S. 105-164.4: IOS-l(i4.6: 105-262: 
i'.ff. February I. I'ro: 
.{mended liff. July I. I')'i0: January 3. /QS4: July 5. /<)S0: .March 24. I9^S. 

.4616 not 151 I -WIOK MOUII i; IIOMhS 

lliMory \ote: Statutory Authoriiv G ..S. 105-/64.4: 105-164.6: 105-262: 
r.ff. February I. I'^f,: 

.Uuended I.ff. January .\ /'JS4: July 5. /OSI): .March 24. /0~S: 
Repealed I. ff. July I.' I')W. 

.4617 MOHII I ( 1 ASSKOOM. Ol I l( I AM) STOK \(;K IKAll I RS 

(a) Prior to October 1. P'S*^). the retail sale of a mobile classroom trailer, a mobile office trailer or a 
mobile storage trailer designed to run upon the streets and high\\a\ s, which is pulletl by a self-propelled 
\ehicle. was taxable at the rate of two percent of the sales price with a maximum tax of three hundred 



461 5:6 NORTH CAR()LL\A REGISTER June 15, 1990 



FINAL RULES 



dollars ($300.00) applicable to the sale of each trailer. I'ffecti\e October 1. 1989, retail sales of such 
trailers are exempt from sales tax and subject to the three percent rate of highway use tax with a mini- 
mum tax of forty dollars ($40.00) and a maximum tax of one thousand dollars ($1,000.00) on any one 
such trailer. The basis for the tax on sales of such trailers is the sales price of the trailer including all 
accessories attached thereto at the time of deliver)' to the purchaser less the amount of any allowance 
gi\-en by the retailer for trailers and other motor vehicles taken in trade. The gross sales price of a 
mobile trailer includes any parts or accessories installed thereon at the time of the sale, labor for in- 
stalling such parts and accessories, freiglit, or any other charges for preparing the mobile trailer for sale. 
The pro^■isions of Regulation 17 NCAC 7B .4615 are applicable to the sale of a mobile trailer with 
furniture, appliances and accessories attached thereto or installed thereon by the manufacturer or the 
dealer at the time of sale or deli\er\- to the customer. 

Ilislon' \ole: Statuiory Authoiiiv G.S. 105-164.4: / 05- 164.6: / 05- 262; 
Eff. FebruaiT I. 19~6: 
Amended Eff. July I. 1000: Januaiy .?. I0S4: .luly 5. /OSO: .March 24. 1978. 

Si;( HON .5400 - l OKMS I SVU I ok S \I KS AM) I SK lAX I'l RI'OSKS 

.5401 MOM III N SAI KS AM) I SK lAX KKI'OIM lOKM: K-500 

The Monthly Sales and I so Tax Report 1 onn, H-SOO, is for use by registered taxpayers to report their 
sales and use tax liability on a monthly basis. A supply of forms is sent to monthly taxpayers when 
registration is effected and annually thereafter. 

lEistoiy Sote: Statutory Authnrlty G.S. 105-164.15; 105-164.16; 105-262; 
Eff. Eehniaiy I. IT 6: 
Amended Eff July I. 1000. 

.54.W MOIOR NKIIICI K K\KMl'rif)N KOKM: K^WH 

The Aftida\it for Fxcmption of Motor Vehicle Sold for Immediate Transportation and Ise Outside 
of North (^irolina. I'onn r-599n, must be completed by nonresident purchasers of motor \'ehicles for 
immcLliate transportation to and use in another state in which such \'ehicles are required to be regis- 
tered. Such purchases of \ehiclcs are exempt from sales tax \\ hen the purchaser either drives or trans- 
ports the \ehicle outside North Carolina en route to its state of registration within seventy-two hours 
after the purchase thereof. Prior to October 1, 19S9, the seller must obtain from the purchaser and 
furnish to the Secretan' of Revenue an Ai'fidavit for I'xemptioii of Motor Vehicle Sold for Immediate 
'I'ransportation and I'se Outside of North Carolina, Tonn I'-59')B. stating the name and address of the 
purchaser, the state in which the vehicle will be registered and operated, the make, model, and senal 
number of the vehicle, and such other information as the secretaiy may require. 

IILstory \ote: Statutory Authority G.S. 105-/64. 13; 105-164.15: 105-262; 105-264; 
Eff. March 15. lOSO; 
.Imended Iff. July I. 1000. 

.5447 MOIOR \KIIIC:i,K I.K,\SK .VND KKM AK RKIM)R I KORM: K-500K 

The Motor \'ehicle Lease and Rental Report Fonn, I -5()()I-, is for use b\ taxpa\ers wlm remit the 
highway use tax to the Secretar\' of Re\enue on the lease or rental of motor vehicles in this State. A 
supply of the report will be furnislied to taxpayers who request them. 

History .\nte; Statutoiy Authority G.S. 105-164.15: I05-IS7.5: 105-262; 
Eff. July I. 1900. 

.5448 WAS IK IIRK DISI'OSAI I KK RKI'ORI KORM: K-500(; 

The Waste 1 ire Disposal I"ee Report liirm, T-.'^OOCj, is tor use b\' tax|ia\ers to report the one percent 
waste tire disposal lee liability. .\n initial supply of report tonus is sent to taxpayers who recjuest them 
and an additional supply is turnished on an annual basis thereatter. 

Ili.uory \ote: Statutory .luthority G.S. 105-164.15; nh-262: I30A-.W0.54: I. W. 1-300.56; 
Eff. July I. 1000. 



,v6 NORTH CAROLlS.i REGISTER June 15, 1990 462 



Ff\AL RILES 



NORTH CAROLINA ADMINISI RATIM: CODK 

LIS! OF RL LKS CODII IKD 

.11 NK 1990 

AGKN( V ACTION I AKKN 

PI PMMMKNT OF Af.KK I III RK 

Repealed 

Adopted 

Amended 

Amended 

Repealed 

Amended 

Amended 

Repealed 

Amended 

Amended 

Amended 

Amended 

Amended 

Adopted 

Adopted 

Adopted 

Adopted 

Adopted 

Adopted 

Adopted 

ni TAKiMiM OK F.roNo\rir \\n commimia dkmi oi'mkn r 



NCWC 20B 


.0107 - 
.0112 


.0110 


37 


.0201 - 


.0203 


431 


.0204 
.0633 




4SA 


.0611 






.1201 - 


.1202 




.1203 






.1204 






.1206 






.1208 






.1211 - 


.1213 




.1215- 


.1216 




.1601 - 


.1608 


4sn 


.0101 
.0201 






.0301 - 


.0304 




.0401 - 


.0403 




.0501 - 


.0503 




.0601 





NCAC 6B .0101 Repealed 

Repealed 
Rejiealcd 
Ado]ited 
Adopted 
Adopted 
Repealed 
Amended 
Amended 
Ameniled 
Adiipted 



6B 


.0101 




.0105 




.0201 - .0206 




.0301 - .0303 




.0401 - .0402 




.0501 - .0509 


6C 


.0701 - .0705 


l')I 


.0401 




.0403 




.0407 




.1601 - .1604 


(I II I 


K \I Ul SOI K( 1 S 



7 NCAC 4\" .0105 Adopted 

Ol I IC I S Ol (;()\ I K\(>K/I III II \ \\ r (.()\ I KNOU 

9 NCAC 2B Ixeeutive Order Number HI 

LIT. April 12. \m) 
Ii.xeentive Order Number 1 12 
I- IT. April 12. lO'JO 
Exceuli\c Order Number 113 
ITT. April 20. VM) 
Ixeeulixe Order Number 114 



46.^ 5:6 i\()RTU CAROLISA REGISTER .lime 15, 1 9W 



FINAL RULES 





Eff. May 8, 1990 






Txecutive Order Number 115 






Eff. May 22, 1990 






Executive Order Number 1 16 






Eff. May 22, 1990 




DKPAR 


MEN T Ol' IIIMAN RKSOIRC KS 




10 


NCAC 3J .0101 - .0106 


Repealed 




.0201 - .0205 


Repealed 




.0301 - .0308 


Repealed 




.0401 - .0413 


Repealed 




.0501 - .0507 


Repealed 




.0602 - .0609 


Repealed 




.0701 - .0708 


Repealed 




.0801 - .0807 


Repealed 




.0901 - .0902 


Repealed 




.1001 - .1002 


Repealed 




.1101 -.1105 


Repealed 




.1201 - .1204 


Repealed 




.1301 - .1307 


Repealed 




.1401 - .1419 


Repealed 




. 1 504 - . 1 507 


Repealed 




.1601 - .1603 


Repealed 




.1701 - .1704 


Repealed 




.1801 - .1802 


Repealed 




.1901 - .1902 


Repealed 




.2001 - .2026 


Repealed 




.2101 - .2102 


Repealed 




.2201 - .2206 


Repealed 




.2301 - .2.W3 


Adopted 




.2401 - .2404 


Adopted 




.2501 - 2505 


Adopted 




.2601 - .2605 


Adopted 




.2701 


Adopted 




.2901 - .2905 


Adopted 




.3001 


Adopted 




.3101 - .3105 


Adopted 




.3201 - .3204 


Adopted 




.3301 - .3302 


Adopted 




..UOl - ..W26 


Adopted 




.3501 - .3506 


Adopted 




.3601 


Adopted 




.3701 - .3736 


/\dopted 




.3801 - .3807 


Adopted 




.3901 - .3955 


Adopted 




.510! 


Repealed 




,5201 


Repealed 




.5301 - .5.W2 


Repealed 




.5401 - .5404 


Repealed 




.5501 - .5507 


[Repealed 




.5601 - .5603 


Repealed 




.5701 - .5705 


Repealed 




.5801 - .5802 


Repealed 




.5901 - .5907 


Repealed 




.6001 - .6006 


Repealed 




.6101 - .6102 


Repealed 




.6201 - .6202 


Repealed 




.6301 


Repealed 



5:6 NORTH CAROLINA REGISTER June 15, 1990 



464 



FINAL RULES 



4B 


.0107 




5A 


.0001 - 


.0002 


5B 


.0101 - 


.0102 




.0201 - 


.0207 


5C 


.0001 - 


.0006 


5D 


.0101 - 


.0103 




.0201 - 


.0206 




.0301 - 


.0305 




.0401 - 


.0404 




.0501 - 


.0503 




.0601 - 


.0607 




.0701 - 


.0706 




.0801 - 


.0811 




.0814 






.0817 






.0821 






.0823 




5n 


.0101 - 


.0104 




.0201 - 


.0205 


7A 


.0303 




8B 


.0701 - 


.0714 


8D 


.0801 
.1105 




IOC 


.0205 
.0209 




lOF 


.0039 
.0042 




lOG 


.0904 






.0908 - 


.0909 




.0912 




14G 


.0102 




14K 


.0361 




ISA 


.0127 




18F 


.0109 




20F 


.0103- 


.0104 


23A 


.0102 
.0103 




261 1 


.0401 
.0403 




35E 


.0202 




37F 


.0004 - 


.0007 


371 


.0004 - 


.0007 


39 D 


.0101 - 


.0107 


41II 


.0101 
.0202 
.O.Wl 
.0502 




411 


.0102- 

.0201 

.0303 


.0103 




.0306 - 


.0307 




.0311 




41.1 


.0205 
.0207 






,0401 - 


.0402 


41K 


.0001 - 


.0003 


411' 


.0002 
.0005 






.0007 - 


.0008 



Repealed 

Repealed 

Repealed 

Repealed 

Repealed 

Repealed 

Repealed 

Repealed 

Repealed 

Repealed 

Repealed 

Repealed 

Repealed 

Repealed 

Repealed 

Repealed 

Repealed 

Repealed 

Repealed 

Adopted 

Repealed 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

* Correction 

* Correction 
Amended 
Repealed 
Repealed 
Amended 
Amended 
Repealed 
Amended 
Amended 
Amended 
Adopted 
Amended 
Repealed 
.\mended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
.Amended 
Amended 
Amended 
Amended 
.■Vmended 



465 



5:6 NORTH CAROLINA REGISTER June 15, 1990 



FINAL RULES 



41Q 


.0101 
.0201 






.0204 - 


.0205 


41R 


.0003 - 
.0006 


.0004 


45G 


.0111 




47A 


.0102 
.0508 




47B 


.0104 
.0107 






.0401 - 


.0405 


49A 


.0001 




~ 


.0002 




49B 


.0102 
.0202 
.0301 






.0306 - 


.0309 




.0502 






.0604 - 


.0605 




.0608 




49C 


.0101 - 

.0104 

.0201 


.0102 


50A 


.0601 






.0602 - 


.0604 


51D 


.0107 




OF INSl R\\( K 





Amended 

Amended 

Amended 

Amended 

Amended 

* Correction 

Amended 

Amended 

Amended 

Amended 

Amended 

Repealed 

-Amended 

Amended 

/Vmended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

/Vmended 

Amended 

Amended 

Adopted 

Amended 



11 NCAC 8 .0905 

nKF'.\RTMK\T OF .11 SIICF. 



12 NCAC 


11 


.0202 
.0207 
.0401 - .0403 


OFl' AK IMFM OF 


\ \KOR 




13 NCAC 


7C 


.0101 
.0102 


nFP ARTMFNT OF 


FWIRONMFM, IIFAI Til, 


15A NCAC 


6A 


.0007 - .0008 




lOB 


.0115 

.0305 




IOC 


.0305 



Amended 



Amended 
Adopted 

Adopted 



Amended 

Amended 



.0305 

.0401 
lOH .0301 - .0302 
101 .0003 - .0005 



Amended 
Amended 
iVm ended 
leinp. /Vmended 
lixpires 11-1-40 
Temp. /Vmended 
I:\pircs 11-1-90 
.Amended 
/Vmended 
Amended 



OFPARIMFNT OF RF\ FM K 



17 NCAC 6A .0002 - .0004 

6B .0103 



/Vmended 
Repealed 



5:6 NORTH CAROLINA REGISTER June 15, 1990 



466 



FINAL RULES 




.0104 


Amended 


.0106- .0107 


Amended 


.0109- .0117 


Adopted 


.0301 - .0321 


Repealed 


.0401 - .0408 


Repealed 


.0501 


Repealed 


.0601 - .0603 


Repealed 


.0605 


Amended 


.0606 - .0609 


Adopted 


.0701 - .0706 


Repealed 


.OSOl 


Repealed 


.OQOl - .0908 


Repealed 


.0910- .0911 


Repealed 


.1001 


Repealed 


.1101 


Repealed 


.1201 - .1203 


Repealed 


,1301 - .1306 


Repealed 


1401 - .1404 


Repealed 


1501 


Repealed 


1601 - .1602 


Repealed 


1701 - .1706 


Repealed 


1708- .1709 


Repealed 


1715 - .1716 


Repealed 


1728 


Repealed 


1730- .1731 


Repealed 


1733- .1734 


Repealed 


1737- .1738 


Repealed 


1740 


Repealed 


1742- .1744 


Repealed 


1747- .1752 


Repealed 


1802 


Repealed 


1901 - .1903 


Repealed 


2003 - .2004 


Repealed 


2102 


Repealed 


2201 


Repealed 


2203 - .2204 


Repealed 


2301 - .2303 


Repealed 


2401 - .2404 


Repealed 


2502 


Repealed 


2504 


Repealed 


2601 


Repealed 


2603 - .2604 


Repealed 


2701 - .2708 


Repealed 


2711 - .2713 


Repealed 


2801 - .2806 


Repealed 


2901 


Repealed 


3001 - .3008 


Repealed 


3101 - .3111 


Repealed 


3203 


Amended 


3205 


Amended 


3209 


Amended 


3.301 - .3305 


Repealed 


3406 


Amended 


3501 


.Amended 


3502 


Repealed 


3503 


Amended 


3504 - .3509 


Repealed 


3511 - .3512 


Repealed 


3513 


rVmended 



467 5:6 NORTH CAROLINA REGISTER June 15, 1990 







FINAL RULES 






.3514- 


.3520 






.3521 








.3523 - 


.3525 






.3526 








.3601 - 


.3611 






.3701 








.3703 - 


.3706 






.3708 - 


.3713 






.3714 








.3715 








.3716 








.3717 








.3718 








.3721 - 


.3722 






.3723 - 


.3725 






.3801 - 


.3803 






.3804 








.3001 - 


.3904 






.4001 - 


.4007 






.4101 - 


.4105 




6C 


.0102- 

.0104 

.0105 


.0103 






.0113- 


.0116 






.0117 








.0118 








.0120 








.0122 








.0123 - 


.0126 






.0201 








.0203 








.0204 






6D 


.0102 
.0201 








.0202 - 


.0205 






.0206 - 


.0211 


HOARD OF rOSMK TK ART KXAM 


INKRS 


21 NCAC 


14J 


.0304 - 


.0305 




14M 


.0001 




BOARD OK MKDK Al 


KXAMINKRS 





Repealed 
Amended 
Repealed 
Adopted 
Repealed 
Amended 
Repealed 
Repealed 
Amended 
Repealed 
Amended 
Repealed 
Amended 
Repealed 
Adopted 
Repealed 
Adopted 
Adopted 
Adopted 
Adopted 
/Vmendcd 
Repealed 
Amended 
Repealed 
yVmcndcd 
Repealed 
Amended 
Repealed 
Adopted 
Amended 
Amended 
Adopted 
/Vmended 
Amended 
Repealed 
I .0206 -.02 11 Adopted 



* Correction 

* Correction 



21 NCAC 32D .0001 - .0009 Repealed 

32L .0001 - .0009 Adopted 

.0011 - .0012 Adopted 

BOARD OF KXAMINKRS Ol I'LIMBING AM) IIKATINC CON IRAC lORS 

21 NCAC 50 .0306 ♦ Correction 



5:6 NORTH CAROLINA REGISTER June 15, 1990 468 



ARRC OBJECTIONS 



I he Administrative Rules Review Commission (ARRC) objected to the following rules in accord- 
ance with G.S. l43B-30.2(c). State agencies are required to respond to ARRC as provided in G.S. 
/43B-Ml2(d). 



ECONOMIC AND COMMLAITY DEVKLOPMKNT 

Savings Institutions Division 

4 SCAC I6A .0302 - Response of Administrator to Petition 

4 NCAC 16A .0402 - Informal Settlement 

KNMRONMKNT, UK ALTII, AND NAU RAL RKSOl RCKS 

F.n\'ironmental Management 

ISA \CAC 2F .0/02 - General Criteria 

/5.4 SCAC 2F .0105 - Effecti\'e Contingent Upon Federal Funds Allocated 

HIMAN RKSOl RCES 

^"outh Services 

10 SCAC 44F .1305 - Corporal Punishment and Child Abuse 

LICENSING HOARDS AND COMMISSIONS 

Certification Board for Social Work 

21 SCAC 63 .0/04 - Organization of the Board 

21 SCAC 63 .0301 - ll'ritlen Examinations 

2/ SCAC 63 .0403 - Renewal Fees 



ARRC Objection 5! 17190 
ARRC Objection 5 17 190 

ARRC Objection 5117 ;90 
ARRC Objection 5i 17 190 

ARRC Objection 5i/7j90 

ARRC Objection 51/7 j90 
ARRC Objection 5I/7J90 
ARRC Objection 5. /7i90 



469 



5:6 NORTH CAROLINA REGISTER June 15, 1990 



RULES INVALIDA TED BY JUDICIAL DECISION 



1 his Section of the Register lists the recent decisions issued by the North Carolina Supreme Court, 
Court of Appeals, Superior Court (when available), and the Office of Administrative Hearings which 
invalidate a rule in the North Carolina Administrative Code. 



lONCAC 3R .0317(g) - WITHDRAWAL OF A CERTIFICATE 

Robert Roosevelt Reilly, Jr., Administrative I^w Judge with the Office of Administrative Hearings, 
declared Rule 10 NCAC 3R .0317(g) void as applied in Dawv? Health Care, a North Carolina General 
Partnership, Petitioner v. Department of Human Resources, Certificate of Need Section, Respondent (90 
DHR 0296). 



5:6 NORTH CAROLINA REGISTER June 15, 1990 470 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



The Sorih Carolina Administraiive Code 'SCACj has four major subdivisions of rules. Two 
of these, lilies and chapters, are mandatory. The major subdivision of the NCAC is the title. 
Each major department in the North Carolina executive branch of government has been as- 
signed a title number. Titles are further broken down into chapters which shall be numerical 
in order. The other two, subchapters and sections are optional subdivisions to be used by 
agencies when appropriate. 

TITI.K/MAJOR DIMSIONS OF THE NORTH CAROLINA ADMIMSTRATn E CODE 



ITLE 


DEPARTMENT 


LICENSING BOARDS 


CHAPTER 


1 


Administration 


Architecture 


2 


2 


Agriculture 


Auctioneers 


4 


3 


Auditor 


Barber Examiners 


6 


4 


Economic and Community 


Certified Public Accountant Examiners 


8 




Development 


Chiropractic Examiners 


10 


5 


Correction 


General Contractors 


12 


6 


Council of State 


Cosmetic .Art Examiners 


14 


7 


Cultural Resources 


Dental Examiners 


16 


8 


Elections 


Electrical Contractors 


18 


9 


Governor 


Eoresters 


20 


10 


Human Resources 


Geologists 


21 


11 


Insurance 


Hearing .Aid Dealers and Litters 


22 


12 


Justice 


Landscape iVrchitects 


26 


13 


Labor 


Landscape Contractors 


28 


14A 


Crime Control and Public Safety 


Marital A: Eamily Therapy 


31 


15A 


En\ironment. Health, and Natural 


Medical L'xaminers 


32 




Resources 


Mid\vifer\- Jomt Committee 


33 


16 


Public Education 


Mortuar." Science 


34 


17 


Revenue 


Nursing 


36 


18 


Secretap.' of State 


Nursing Home .Administrators 


37 


19A 


Transportation 


Occupational Therapists 


38 


20 


Treasurer 


Opticians 


40 


■21 


Occupational Licensing Boards 


Optometp,- 


42 


22 


Administrative Procedures 


Osteopathic Examination and 


44 


23 


Community Colleges 


Registration 




24 


Independent Agencies 


Pharmacy 


46 


25 


State Personnel 


Physical Therapy Examiners 


48 


26 


Administrati\"c Hearings 


Plumbing and lieatmg Contractors 


50 






Podiatry" Examiners 


52 






Practicing Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers and Land Surveyors 56 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social \\'ork 


63 






Speech and Language Pathologists and 


64 






.\udiologists 








\'cterinar\' Medical Board 


66 



Note: litlc 21 contains the chapters of the \'arious occupational Licensing boards. 



4~1 



5:6 NORTH CAROLINA REGISTER June 15, 1990 



CUMULA TIVE INDEX 



CUMULA TIVE INDEX 

(April 1990 - March 1991) 



1990 - 1991 

Pages Issue 

I - 151 1 - April 

152- 235 2 - April 

236- 285 3 - May 

286- 312 4 - May 

313- 407 5 - June 

408- 473 6 - June 



AO - Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

FR - Final Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

M - Miscellaneous 

NE' - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporary Rule 



ADMIMSTRATION 

State Property and Construction, 41 1 PR 

AGRICILTLRE 

Plant Conservation Board, 1 PR 
Structural Pest Control Committee, 7 PR 

CRIME CONTROL AND PUBLIC SAI T I Y 

State Hiiilnvav Patrol, 53 PR 

Butner Public Safety Division, 419 PR 

ECONOMIC AND COMMLMIY DE\ ELOPMENT 

Banking C^ommission, 16 PR 
Community Assistance, 25 PR, 317 PR 
Credit Union, 317 PR 
Milk Commission, 24 PR 

ENA IRONMENT, HEALTH, AND NATl RAL RESOIRCES 

Coastal Manascmcnt, 136 PR, 292 PR 

Imvironmcntal ManaKcment, 54 PR, 193 PR, 420 PR 

Health Ser\ices, 190 PR 

Marine Fisheries, 63 PR 

Wildlife Resources and Water Safety, 137 PR, 206 PR, 293 PR, 349 PR, 438 PR 

EINAL DECISION LEI TERS 



5:6 NORTH CAROLINA REGISTER June 15. 1990 



472 



CUMULA TIVE INDEX 



Voting Rights y\ct, 241, 286, 316 

FINAL RULES 

I ist of Rules Codified, 143 FR, 226 FR, 302 FR, 463 FR 

COVERNOR/LT. GOVERNOR 

Executive Orders, 236, 313, 408 

HUMAN RESOURCES 

Health Ser\'ices, 152 PR, 245 PR 

Medical Assistance, 191 PR 

Mental Health, Developmental Disabilities and Substance Abuse Services, 29 PR, 318 PR 

Services for the Bhnd, 412 PR 

Social Ser\'ices, 247 PR 

Water Treatment Facilitv Operators Board of Certification, 27 PR 

Youth Services, 261 PR' 

INSIRANCE 

Agent Ser\'ices Division, 321 PR 
Financiid Evaluation Division, 342 PR 
Fire and Casualty Division, 335 PR 
Life: Accident and Health, 264 PR, 287 PR 

JUSTICE 

Attorney General, Office of the. 192 PR, 273 PR 

LICENSESG BOARDS 

Cosmetic /Vrt Examiners, Board of 355 PR 

Electrical Contractors, Board of Examiners of, 356 PR 

Medical Examiners. Board of 207 PR 

Nursing, Board of 3011 PR 

Physical Therapy Examiners. Board of. 443 PR 

PI BLIC EDI CATION 

Elementan,' and Secondar>-, 141 PR, 275 PR, 351 PR 

rem:nie 

Indi\idual Income Tax, 359 FR 

license and Excise Tax Division, 445 FR 

Sales and Use Tax, 213 FR, 453 FR 

SECRETARY OE STATE 

Securities Di\ison, 293 PR 

STATE PERSONNEL 

State Personnel Commission, 277 PR 

STATE TREASURER 

Department Rules, 352 PR 

Local Government Commission, 352 PR. 442 PR 

Solid Waste Management Capital F'rojects Financing Agency, 354 PR 

TRANSPORTATION 

Motor Vehicles, Division of 222 FR 



47^ 5:6 NORTH CAROLINA REGISTER June 15, 1990 



NORTH CAROLINA ADMINISTRATIVE CODE 

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